zhang jie jokingly gave out his cell phone number at a concert, causing a flood of calls to ordinary people. who is to blame?
2024-09-09
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on september 6, zhang jie's concert in fuzhou was held at the fuzhou straits olympic sports center. during the concert, a joke made by zhang jie caused an unexpected disturbance for an unrelated ordinary person.
playing a joke and reporting "my mobile phone number" caused a stir
fans and netizens have different opinions
during the performance that night, in order to liven up the conversation and interaction with fans, zhang jie jokingly asked fans: "will you call me?" the fans responded enthusiastically: "yes!" zhang jie then said: "my phone number is xxx. maybe i will hear your calls tonight. maybe i will call you." the phone number zhang jie reported was his birthday plus a number with special significance, but unexpectedly someone really dialed this number, and this number was indeed a phone number currently being used by a citizen. after inquiries, the reporter confirmed that this was a phone number with its location in shanghai, and it really existed. because many people dialed this number, the owner was overwhelmed and finally turned off the phone.
this incident sparked heated discussions among netizens. on the one hand, some netizens condemned zhang jie for being too careless in his words and deeds as a public figure and causing trouble to innocent people. "this joke is too confusing." "it's speechless. the owner of the account is really unlucky." however, zhang jie's fans explained that the harassment of innocent people has nothing to do with zhang jie. this is an act of harassment made by people without authorization, and the artist should not be blamed for it. "the person who called is not a real fan. old fans know that it is zhang jie's birthday." "fans have long called for an end to the calls and a boycott of private activities." "anyone can see that zhang jie was joking." but some people also said that they could understand the fans who called, "maybe they thought this was a little surprise left by zhang jie's team, and they would try it if they could listen to zhang jie's recordings or something. who knew it was really someone else's phone number."
artist phone recordings are indeed a common way for artists to connect with fans, and sometimes they appear as a surprise benefit for fans. an entertainment industry practitioner told reporters that if an artist wants to interact with fans over the phone, they will prepare in advance. the artist team will inform fans in advance that a certain number may be dialed to fans who leave contact information, which contains the artist's interactive recordings to fans, or a number set for automatic recording will be made public, and fans will play the artist's recordings when they call it. if you want to add a phone number to the interactive link of live performances, it is best to confirm the ownership of the number first to avoid unnecessary disputes. as of press time, zhang jie and his studio have not responded to this.
similar situations are not uncommon
there have been many precedents
an artist's unintentional joke caused an ordinary person's phone number to be "exploded" and become extremely disturbed. this situation is not common at concerts, but it is not the first time that such incidents have occurred in the film and television industry, and many incidents have been tried by the court.
in 2019, in the tv series "the evolution of love", "ai ruoman" played by zhang tianai said the phone number of the character "ding yuyang" in the conversation with other characters. this number was actually the number that citizen zhang was using. because the series was popular, zhang's mobile phone was "blown up", and thousands of text messages, calls, and wechat friend requests brought great inconvenience to his life. zhang sued the producer of "the evolution of love" in court, and finally the production company compensated zhang for mental damages of 30,000 yuan.
in the movie "the man caught by light" released in 2019, the scene where the two leading actors met was shot in ms. cao's store, and the store number appeared in the movie scene. after the film was released, a large number of viewers contacted ms. cao by phone and text message. ms. cao sued the producer. in the end, the court ruled that the producer used technical means to block ms. cao's number in the film and paid 30,000 yuan in compensation.
in the 2021 tv series "little seven", the mobile phone number of citizen tao appeared on the broadcast screen, causing tao to receive multiple unfamiliar calls from all over the country and affecting his life. tao sued the producer of the tv series, and the producer finally paid 35,000 yuan in compensation and apologized in writing.
who is to blame when innocent people are harassed?
in the trials of many similar incidents, the courts generally believe that in the production of film and television dramas, unless it is absolutely necessary, images involving specific information such as mobile phone numbers should be technically processed and should not be presented in full, so as to avoid disturbing the private lives of citizens. the reasons why the relevant producers were ordered to pay compensation are basically because they failed to fulfill their duty of due care, infringed on personal privacy rights, and caused disturbances to the private life.
films and tv series have clear producers, but concerts involve many aspects. whose fault is it that the account owner is harassed? zhao liangshan, senior partner of shaanxi hengda law firm and well-known public interest lawyer, pointed out that the liability results of oolong or number collision in film and tv series are obviously different from similar situations at performances. because film and tv series need to be reviewed in various links before broadcasting, the film and tv series party has the obligation to verify whether there is a collision in the phone number in advance. if this obligation is not fulfilled in advance, the fault liability is greater. if the film and tv series party has fulfilled its verification obligation, and amateurs start using the phone in the film and tv series after the film and tv series is broadcast, then the film and tv series party is not responsible.
as we all know, a person's phone number is personal information and also personal privacy, and others may not arbitrarily infringe upon it. for example, article 2 of the personal information protection law stipulates that citizens' personal information is protected by law and no organization or individual may infringe upon it. article 111 of the civil code stipulates that the personal information of natural persons is protected by law, and article 1032 of the civil code stipulates that natural persons enjoy the right to privacy, and no organization or individual may infringe upon the privacy of others by means of spying, intrusion, disclosure, or disclosure.
"but one thing that cannot be ignored is that there is a major premise for the constitution of infringement, that is, the subjective fault of the infringer." specifically for this incident, if we put ourselves in the shoes of zhang jie and consider the context of his publicizing of the phone number at that time, it was indeed a group of numbers he randomly made up, but it was just a coincidence that the number coincided with that of an ordinary person, so zhang jie did not have any subjective fault. "but this incident did cause discomfort and inconvenience to the ordinary person. as a public figure, zhang jie should be cautious in what he says and does in public. this is also the legal requirement for public figures to be more cautious in their speech. zhang jie and his staff should have verified whether there was a coincidence in the phone number before the concert, rather than announcing the phone number at the concert. therefore, zhang jie was somewhat at fault for the result that the ordinary person was harassed."
zhao liangshan said that from the actual context of the concert, the general audience can recognize that the phone number was made up by zhang jie on the spot. if fans or other people deliberately call this phone number, then it has changed its nature and is considered to be intentional harassment of the phone owner. the caller has committed an infringement and interfered with the normal life of the phone owner. compared with zhang jie's behavior of casually publishing the phone number without verifying it, the fault of the caller is far greater than zhang jie's fault. in terms of the division of responsibilities, the responsibility of the caller is greater than that of zhang jie.
in any case, although the artist's mistake was unintentional, objectively it was indeed an unexpected disaster for the owner of the account. the influence of public figures' words and deeds is beyond that of ordinary people. even when interacting with fans, they have to think twice before acting.
yangzi evening news | ziniu news reporter shen zhao
proofread by xu heng
