Hanfu, a traditional Chinese style of clothing, is becoming increasingly popular among young Chinese. Disputes related to hanfu are increasing as well. One day in 2020, Xiaohong found out that Xiaolan had posted multiple times on the platform criticizing Xiaohong’s copying of other’s in her hanfu costume designs with insulting words. The plaintiff Xiaohong and the defendant Xiaolan were both users of an online platform for hanfu culture communication. Xiaolan also posted Xiaohong’s name online, which caused cyber bullying against Xiaohong, causing her mental stress. Believing that Xiaolan infringed upon her rights to reputation, privacy and health, and that the platform had committed joint infringement by not deleting the contents in time, Xiaohong sued Xiaolan and the platform at the Beijing Internet Court (BIC), requesting an apology and compensation for economic losses and mental damages. Xiaolan argued that Xiaohong’s design of hanfu patterns copied others multiple times which Xiaohong admitted and apologized for. Putting Xiaohong’s name online was only to alert other hanfu enthusiasts and to avoid future plagiarism. Xiaolan accessed Xiaohong’s name via public information online, which did not constitute infringement. Xiaohong did not provide preliminary evidence about Xiaolan’s infringement nor how she learned Xiaohong’s real name. The platform argued that it was only an online service provider. Neither did Xiaohong notify the platform to take actions such as deleting and blocking the related contents. 1. Xiaohong’s personality rights were infringed. So, the platform claimed it was not liable for the infringement. But Xiaolan’s comments included insulting words like “copy dog” which lowered Xiaohong’s social credit and infringed her right to reputation. 1) The evidence showed Xiaolan’s accusations against Xiaohong about plagiarizing other’s designs had a factual basis and thus did not constitute slandering. 2) The name of a natural person belongs to personal information, and private information in personal information is subject to the provisions on the right to privacy. In this case, Xiaolan arbitrarily disclosed Xiaohong’s name on the internet, which invaded the latter’s private life and violated her right to privacy. Therefore, Xiaolan’s claim for liability exemption could not be supported. Although Xiaohong’s name had been disclosed already to a certain extent, there were further consequences from Xiaolan’s disclosure. 3) In this case, when Xiaohong made public statements expressing her fear of cyberbullying which caused severe depression and even suicidal thoughts, Xiaolan did not stop the sarcastic remarks and went on to reveal Xiaohong’s name, which intensified the attacks. 2. The online service provider did not commit infringement. The evidence showed that those remarks aggravated Xiaohong’s mental illness, resulted in serious consequences and violated her right to health. The online platform was not aware of the infringing remarks and it did not have the capability or responsibility to proactively review such contents. In addition, Xiaohong did not notify the platform to take actions against the infringing remarks, but instead filed the lawsuit directly. The BIC ruled that Xiaolan should make an apology to Xiaohong for infringing upon her rights to reputation, privacy and health, and compensate her for expenses for medical care and transportation, as well as for mental damages. Therefore, the platform was not liable for the infringement. Both parties appealed after the judgement. The court of second instance upheld the original judgement which has now taken effect. For the purpose of pursuing fairness and justice, appropriate and reasonable use of personal information online reflects the positive role of public opinion supervision on cyberspace. Judge Zhao Changxin from the Beijing Internet Court. However, unrestrained, irrational or even malicious use of personal information may cause cyberbullying and will pose serious threat to personal privacy and social order.

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