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a college student accused an internet celebrity of being a "welfare girl" and was sued. the court said the defendant won the case.

2024-09-15

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more than a year ago, ms. wang was invited to attend a tea party in guangzhou as a guest to exchange ideas about lolita culture. the organizer of the event released a promotional poster on social media several months in advance, showing ms. wang as the first guest. however, two months before the event, ms. hu, who is also a lolita lover, saw the poster and accused ms. wang of being a "welfare girl" who tarnished lolita culture.

in order to boycott ms. wang's activities in the circle, ms. hu posted a picture and text note on the xiaohongshu platform with the theme of "inviting welfare girls to be guests at the tea party."

however, according to comments on a post about the guangzhou 2d tea party on a social platform, ms. wang did not attend the event. ms. hu, who accused ms. wang of being a "welfare girl," also did not attend the event.

in 2024, ms. wang sued ms. hu in court on the grounds that ms. hu’s postings on xiaohongshu violated her personal rights.

recently, the guangzhou internet court ruled in favor of ms. hu, which attracted the attention of netizens.

lolita fans post to expose "welfare girls"

the "acylolita tea party" scheduled to be held in guangzhou in the first half of 2023 has released an event poster. the event is to exchange lolita clothing. the first guest on the poster is ms. wang. the event is scheduled for july 30, 2023.

lolita clothing refers to clothing based on gothic, sweet and retro styles, usually designed based on "doll-like" clothing with lace, lace, straps or bows to interpret a certain theme. tea parties are gatherings held by lolita enthusiasts, and participants usually wear lolita clothing and gather together to show and spread lolita culture.

welfare ji, abbreviated as "flj", is a derogatory term, which literally means women who provide "welfare". it refers to people who take pornographic or pornographic pictures or videos and sell them, and use their bodies to shoot pornographic content and make profits.

after seeing the poster, ms. hu posted a picture and text note on her xiaohongshu account on may 28, 2023 with the theme "the tea party invites welfare girls as guests", and wrote "don't be too outrageous at the guangzhou tea party, and put welfare girls ahead of serious grass-growing girls". the picture captured the promotional poster of the "acylolita tea party" in guangzhou in 2023, and the poster showed that ms. wang was the first guest of the event. the post received 1,422 likes and 555 comments.

at the time of posting, the event was still two months away. according to comments from netizens on a post related to the guangzhou "acylolita tea party" on a social platform, the scheduled guest, ms. wang, did not show up on july 30. ms. hu, who accused ms. wang of being a "welfare princess," also did not attend the event.

ms. hu told zhengzheng news why she posted the message: "generally, guests are popular people in the circle. ms. wang is not well-known in the lolita circle. although she has done some lolita-related content, she seems to be a blogger in a small circle who mainly promotes sexual culture. so i don't approve of her being a guest at the tea party."

on august 22, 2023, ms. wang filed a complaint with xiaohongshu (xingyin information technology (shanghai) co., ltd.), after which xiaohongshu removed the pictures and texts posted by ms. hu and banned ms. hu’s account.

the poster was sued for violating personality rights

in may 2024, ms. hu received a pre-trial mediation message from the guangzhou internet court, only to learn that ms. wang had filed a lawsuit against her for infringement of her personal rights.

the plaintiff, ms. wang, required ms. hu to publicly apologize to the plaintiff at the designated location on the xiaohongshu platform and in newspapers published nationwide, and to pay compensation for mental damages, notarization fees, transportation fees, and attorney fees paid for rights protection, totaling 40,000 yuan.

ms. hu refused mediation: "i sent a long speech in the online mediation room, pointing out some mistakes made by the plaintiff and saying that she would definitely not win the case. if the other party wants to sue me, i will definitely actively respond."

ms. hu said in the mediation room: "before posting the post exposing the plaintiff in may 2023, the plaintiff had already caused controversy on the internet because of her own misconduct. i called the plaintiff a welfare girl based on the fact that she sold obscene and pornographic materials for profit, which is a normal and reasonable evaluation behavior. my country has long been carrying out anti-pornography and anti-illegal activities to safeguard national cultural security and cultural market order. the plaintiff, knowing that this was a criminal act, continued to sell homemade obscene and pornographic materials through online platforms for a long time to seek profits, which had a great negative impact on society."

in order to respond to the lawsuit, ms. hu collected a series of relevant evidence, including evidence that the plaintiff sold obscene and pornographic materials on domestic internet platforms (mainly weibo) and offline (mainly entertainment exhibitions), as well as obscene and pornographic materials produced by the other party. "the plaintiff has no advantage in the formal lawsuit. i ask the plaintiff to withdraw the lawsuit against me. if the plaintiff is firm and believes that he has no fault, i am willing to fight the lawsuit to the end."

ms. hu told the news that she is currently a college student and was a little panicked when she first received the news of the lawsuit. this was the first time she was sued.

on may 29, the court officially filed the case. at first, ms. hu tried to find a lawyer on social media to help her with the lawsuit, but the law firm she found was not reliable and she was almost defrauded of 3,000 yuan. then ms. hu confessed the situation to her family, and her family found a familiar lawyer for her, who agreed to represent her for free.

ms. hu was collecting and organizing evidence until the trial. "the whole process of collecting evidence took me about four or five days, and i organized it all by myself. i was worried that the other lawyer would have enough time to deal with the evidence i submitted, so i submitted most of the evidence in court."

ms. hu said that she collected some comments or posts from netizens to prove that ms. wang's "social evaluation was not very good" before she posted. in addition, ms. hu also collected some of the other party's account content, "she also participated in some comic exhibitions this year, and shared the large-scale photos she took on her weibo and douyin accounts. at the same time, i also found through some netizens' records that she sold her large-scale photos on wechat stores and certain social platforms."

"violating public order and good morals", "welfare ji" lost the case

on july 3 this year, the case of ms. wang suing ms. hu for internet infringement liability dispute officially opened.

"the other party was represented by a lawyer throughout the entire process and did not come on the day of the trial. the court opened at 9:30 in the morning and ended at about 11 o'clock. in the afternoon, i rushed back to school to take the final exam." ms. hu said.

according to ms. hu's recollection, during the trial, ms. hu explained to the judge some terms related to the second dimension, as well as some internet terms, such as "welfare princess", and then provided evidence to the judge and explained the evidence. at the same time, she also clarified the purpose of her posting through evidence.

ms. hu pointed out that there are many minors in the current circle of lolita fans. people like ms. wang who promote and package themselves (through large-scale photo shoots) will mislead minors. in the lolita circle, ms. wang has some people who boycott her, but also some true fans.

after the trial, ms. hu was worried about losing the case, so she continued to collect additional evidence.

on august 28, the guangzhou internet court made the verdict.

the court held that this case was a dispute over network infringement liability, specifically a general personality rights dispute. the focus of the dispute in this case was whether the xiaohongshu notes posted by the defendant violated the plaintiff's personal dignity.

the verdict stated that according to the facts ascertained in this case, before the defendant published the notes and comments involved in the case, the plaintiff had taken multiple sets of various large-scale photos and videos, and disseminated and sold the above photos and videos on multiple platforms. the above actions violated public order and good morals and the requirements of socialist core values.

although the defendant used the derogatory term "welfare princess" to refer to the plaintiff in the notes and comments involved in the case, which was indeed inappropriate, the defendant's publication of the notes and comments involved was an act of exercising his right to public opinion supervision as a citizen, and his purpose was to maintain the cleanliness and purity of the "two-dimensional" environment in which he lived, rather than to denigrate the plaintiff's personal dignity. therefore, the defendant did not have the subjective intention to infringe upon the plaintiff's personal dignity when publishing the notes and comments involved in the case.

in addition, the plaintiff did not provide evidence to prove that he had suffered serious mental damage due to the defendant's posting of the notes and comments involved in the case. therefore, the defendant's posting of the notes and comments involved in the case did not meet the constituent elements of general personal rights infringement. "the plaintiff's claim that the defendant's behavior violated his personal dignity lacks grounds and this court does not support it."

ultimately, the court dismissed all of the plaintiff ms. wang's claims and sentenced the plaintiff to pay a case handling fee of rmb 250 (half the amount).

on september 12, ms. wang posted a video on her social media account saying that she would appeal. zhengzheng news tried to contact ms. wang but failed.

on the 14th, ms. hu told zhengxin news, "i have not received any news from the court yet. she needs to provide new evidence in the second trial. i think she should change a lawyer."