Woman cyberbullied ex-classmate, court rules
A woman harmed the reputation of a former classmate when she posted fabricated stories online about the person, a district court in Shanghai ruled on Thursday.
The case drew public attention and triggered discussions among experts amid the Cyberspace Administration of China's release of a draft regulation about the governance of online violence to solicit public opinions on July 7, showing the country's stronger determination to crack down on cyberbullying.
The Shanghai Yangpu District People's Court ruled on Thursday that the woman — who falsely stated in various online posts, pictures and livestreams that her former classmate was a criminal who refused to obey legal rulings made against her and takes drugs to manage mental illness — must delete the posts immediately.
The livestreams alone were viewed by thousands of people, according to the court.
It also ordered the woman, who was born in the 1990s, to write a letter of apology to the victim and post it on her Weibo account and WeChat Moments. She is also responsible for the victim's legal fees, the court said.
"Anybody's reputation, or social evaluation, is protected by law. The woman's behavior has harmed the defendant's social evaluation to a certain extent, and put her under heavy psychological stress. It constitutes cyberbullying and harassment," said Qian Juan, who served as chief judge of the case.
"Online bullying involves little effort, but the information spreads fast and wide. It may not only damage someone's reputation but also cause serious consequences, including leading the person to suffer from depression and affect their physical and mental health," she said.
The draft regulation ordered online information service providers to improve content management. Once they discover information related to online violence, such as defamation, insults, the spread of rumors and privacy violations against specific individuals or subjects, they should take action to prevent such behavior from continuing.
Such providers should also keep an eye on online comments to screen for cyberbullying, according to the draft regulation.
Ge Mengting, a judge at the Yangpu court, said the providers should also establish compliant reporting systems.
"Moreover, reported content should be archived properly to serve as evidence for possible future infringement disputes that may involve litigation," she said.
Legal insiders said that netizens need to be careful about what they say in cyberspace, not publish unconfirmed statements and not share false information provided by others.
Some also suggested that an individual's online behavior should be taken into consideration when applying for jobs or loans.
Zhang Wenlong, a professor specializing in legal affairs in cyberspace at the East China University of Political Science and Law, suggested establishing specific charges for those who commit online violence.
Sheng Feng, a partner of the law firm Dentons in Shanghai, suggested that compensation for mental anguish caused by online violence should be increased.
"Traditionally, people all believe that Chinese people can endure hardships, and because of that, it's never notable to endure hardships mentally. However, as mental health becomes a bigger part of people's lives in modern societies, such compensation should be increased accordingly," he said.