zhang jie "self-reported" his mobile phone number at the concert, but the owner turned off the phone. lawyer: if you were negligent when playing the joke, you should clarify it in time.
2024-09-08
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cover news reporter wang yili
recently, a weibo user named "call me auntie" broke the news that the mobile phone number zhang jie casually reported at the concert was someone else's mobile phone number. the owner of the number was from shanghai and suddenly received a large number of strange calls in a short period of time and was forced to shut down his phone. subsequently, "zhang jie's amateur phone number" became the number one hot search, with related topics read more than 90 million times.
netizen "@叫我姨太好" broke the news. the picture is a screenshot from the internet
is the act of disclosing someone else's mobile phone number an infringement? what is the correct way for the relevant team to handle similar situations? on september 8, a reporter from cover news conducted an interview on this matter. as of press time, the phone number was still turned off. the reporter sent a text message to express his willingness to interview, but he did not receive a reply.
reporting your phone number at a concert sparks heated debate
the real owner has turned off the phone
the 2024 zhang jie wei live heading to 1982 tour concert in fuzhou will be held for three consecutive days, from september 6 to september 8. cover news checked the relevant video and learned that on september 6, at zhang jie's concert, an audience member in the audience jokingly asked for a phone number, so zhang jie reported a string of numbers and said in a playful way, "maybe i will call you."
zhang jie's concert in fuzhou. photo courtesy of @张杰微博
later, some netizens revealed that due to zhang jie’s speech at the concert, many people called and the original owner of the phone number was forced to turn off the phone.
it is understood that the first 8 digits of the mobile phone number zhang jie reported, "19821220", are exactly zhang jie's birthday. but coincidentally, this casually mentioned number actually exists. on september 8, a cover news reporter found out that the mobile phone number was displayed as "shanghai mobile". when calling it, it was turned off, and the wechat search number showed "the user does not exist".
after the incident, there were polarized opinions online. some netizens explained that the first eight digits of the number were zhang jie's date of birth, while the last three digits looked like a pun, "people at the scene knew he was joking and would not really call." but some netizens said that public figures should be cautious in their speeches, and should do their homework in advance even if they are joking.
netizens' comments are from screenshots from the internet
on the afternoon of september 8, the reporter contacted an audience member who claimed to be at zhang jie's concert that day. the other party said that zhang jie did say a string of numbers that night, claiming it was his mobile phone number. "but it was obvious that he said it randomly, because when he was reading it, we were also saying it in the audience. it was a birthday and a homophonic pun, so it was easy to guess." the other party said.
there is precedent in film and television works
some people leaked their numbers and paid compensation, while others opened wechat to share their numbers.
previously, there have been precedents of similar leaks of mobile phone numbers in the film and television industry. in the movie "the man caught by light", the scene where the leading actors huang bo and wang luodan meet was filmed in front of ms. cao's store. the phone number on ms. cao's store sign appeared in two movie scenes totaling 40 seconds. after the film was released, a large number of viewers contacted ms. cao by phone and text messages, causing trouble to her life.
ms. cao believed that her phone number was leaked due to negligence of the film company during the filming process, which violated her privacy rights, so she sued the producer to the people's court of xiling district, yichang city, hubei province. according to the verdict, the producers of "the man caught by light", beijing jingxi culture and tourism co., ltd. (hereinafter referred to as "beijing jingxi culture") and beijing hezhong ruike film and television culture communication co., ltd. (hereinafter referred to as "beijing hezhong ruike"), were sentenced to compensate the party for 30,000 yuan for infringing personal privacy rights because they did not perform technical processing on the party's mobile phone number in the film.
coincidentally, in 2018, the real mobile phone number of citizen zhang appeared in the tv series "the evolution of love", causing him to receive constant harassing calls and text messages. so zhang sued the tv series producers xinli company and iqiyi company to the court, demanding that the two companies stop infringing, eliminate the impact, apologize, and compensate for mental damages and rights protection expenses totaling more than 210,000 yuan. at the beginning of 2019, the haidian district court of beijing concluded the case and finally ruled that xinli company should compensate zhang 35,000 yuan.
in 2022, during the release of the movie "life events", the official douyin of the movie revealed that the mobile phone number that san ge verbally reported to xiao wen in the film was real, and the place of origin was wuhan, hubei. san ge's wechat could be searched through the number, and there were many fragments of san ge and xiao wen's life in the circle of friends. but to this day, when the reporter searched again through wechat, it showed "the user does not exist."
lawyer's analysis:
if you are careless when playing a joke, you should clarify it in time
during the performance, if the artist needs to disclose the contact information during the interaction, do they need to communicate with the other party in advance and make relevant preparations? in this regard, the reporter consulted the industry insiders who are responsible for the performance activities of the artists. the other party told the reporter that in addition to the random shots on the scene, the team usually has a dedicated person in charge to conduct an investigation in advance to confirm the ownership of the mobile phone number. in addition, some netizens suggested that an exclusive number should be prepared before the concert, so that fans can automatically play the prepared recording as a surprise after calling it.
so, if the privacy of the account owner is leaked, does the leaker need to bear legal responsibility? "phone harassment is a typical act that infringes on the peace of private life." yu long, director of the intellectual property committee of beijing weiheng (chengdu) law firm, said that article 1032 of the civil code stipulates that natural persons enjoy the right to privacy. no organization or individual may infringe on the privacy rights of others by means of spying, intrusion, disclosure, or publicity. privacy is the peace of a natural person's private life and the private space, private activities, and private information that he or she does not want others to know.
not only that, lawyer yu long also mentioned that according to the general life experience of the public, the 11-digit phone number made up casually may be the same as the phone number actually used by others. if the phone number made up casually is indeed used normally by others, his behavior will affect the peace of others' lives. "but it can also be seen that zhang jie's behavior is not to intentionally disturb the peace of others' lives, but to be careless when playing the meme, causing damage to others. therefore, as the organizer, a statement should be issued in a timely manner to clarify the facts to avoid the expansion of the damage to others' privacy rights."
lawyer zhou zhaocheng of beijing anjian law firm believes that zhang jie reported a string of numbers at the concert, which may have been intended to play a joke or interact with fans, but the result is that a real mobile phone number may be called, which may cause trouble to his life. then, according to the provisions of the civil code, mobile phone numbers belong to the category of personal privacy and are protected by law. without the consent of the right holder, the unauthorized use, disclosure or disclosure of their mobile phone number may constitute an infringement of privacy rights. if the mobile phone number is not owned by zhang jie's team, although zhang jie may not have subjective malice, his behavior objectively caused the privacy rights of others to be damaged, which may be deemed as an infringement.
in addition, if personal information such as phone numbers need to appear in public works, how can the producers take the correct approach to avoid infringement? lawyer zhou zhaocheng gave the following suggestions: first, use technical processing such as coding and partial flashing of phone numbers to avoid fully presenting the real phone number. use virtual numbers or processed non-real numbers instead of real numbers to ensure that the plot requires it without infringing on the privacy of others; second, the drama and film production parties should strengthen the review of scripts, lines, pictures and other contents during the production process to ensure that unauthorized personal information does not appear. establish a compliance mechanism to specially mark and review the parts involving personal information to ensure that there is no infringement; third, if personal information is leaked due to negligence or intentional acts and causes infringement consequences, the drama and film production parties should bear the corresponding legal responsibilities; finally, in the digital age, personal privacy protection is particularly important. both public figures and film and television producers should enhance legal awareness and respect the privacy rights of others.
the reporter also sent a private message to zhang jie's studio about this matter, but as of 6 pm on september 8, the other party had not responded. that night, zhang jie had another concert in fuzhou, and the cover news reporter will continue to follow up on the follow-up progress.
