Lawyers interpret the ZhangJike storm： if you collude with creditors to extort Jing Tian, it will constitute an accomplice in extortion.

A few days ago, ZhangJike was exposed to a gambling debt dispute and spread private videos of others, which caused widespread concern. Seeing the rumors getting worse, ZhangJike issued a lawyer’s statement, claiming that some users’ comments had infringed on ZhangJike’s reputation, and investigation and evidence collection have been carried out. However, this did not stop the news from continuing. Well-known reporter Li Weiao subsequently published two articles, and the content of the news was more detailed and specific.

Li Wei ‘ao broke the news that the creditor who asked Jing Tian for money was sentenced. If the creditor asks Jing Tian for money by threatening the private video, and the person who gave the private video to the creditor is ZhangJike, does he need to bear legal responsibility in this case?

What kind of legal responsibility will it face to spread other people’s private videos? Will you be sentenced? If sentenced, how long will it take?

Can the celebrity accuse the gossip disseminator of infringement of his reputation right prove that the gossip spread is false? Is it true that the scandal will sue the right of reputation infringement, and the false will sue the crime of libel?

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With these questions, I consulted lawyer Li Yang of Beijing Yingke (Shanghai) Law Firm and lawyer Liang Keli of Wanshang Tianqin (Shanghai) Law Firm.

You can’t repay your gambling debts, and you use your ex-girlfriend’s private photos to pay off your debts?

At the end of March, some netizens broke the news that ZhangJike had leaked private photos of himself and his predecessor, Jing Tian, to his creditors because he had not paid his gambling debts. After the creditor got the private photos, he asked Jing Tian for money on this matter. Then Jing Tian sued the creditor.

ZhangJike Studio first issued a statement on the 30th, saying: "Mr. ZhangJike has no debt disputes, and there is no case of damaging the privacy of others in order to protect himself. The rumor is purely fabricated."

On March 31, Li Weiao, the chief reporter of Economic Observer, wrote with his real name account: "From some judicial materials I saw and mastered a few years ago, ZhangJike passed on Ms. Jing’s private video to others. This is true." .

On the same day, ZhangJike Studio entrusted a lawyer to issue a statement, saying that some users’ remarks caused ZhangJike.Infringement of reputation rightAt present, investigation and evidence collection work has been carried out, and lawsuits will be filed against key infringing users who have repeatedly published or refused to delete infringing content and caused great adverse effects.

However, ZhangJike’s lawyer’s statement did not prevent Li Wei ‘ao from publishing a message again. Li Weiao then issued two more articles, and the content of the news was more detailed and specific.

Li Weiao revealed that the judicial materials showed that there were 3 private videos of Ms. Jing and 1 video screenshot. ZhangJike admitted that he had shown others a segment of the above video. In addition, ZhangJike was sued by his creditors (and his family) a few years ago. After the prosecution, after mediation, Zhang returned the creditor (and family) 1 million yuan. However, ZhangJike’s IOU is 5 million yuan, and that IOU is still in the hands of creditors (and family members). He also said that ZhangJike’s debt and video problems were not simply "gossip" of celebrities, but caused a serious criminal case. In this case, Ms. Jing is a complete victim. ZhangJike’s creditor, who asked her for money, later pleaded guilty and is still serving his sentence.

After Li Wei ‘ao broke the news again, some media reported that he had contacted ZhangJike himself. ZhangJike denied the debt and the photos. But when asked whether there was no debt or no photos, ZhangJike hung up.

On April 2, ZhangJike’s attorney responded to the media that this matter has actually been responded. One is that the studio has completely denied it. "Another, we are entrusted to investigate the facts of infringement and are ready to sue immediately."

Lawyer’s interpretation:

Winning the case of reputation right doesn’t mean that the gossip is false, and the fake star statement may also be infringing.

Under what circumstances should I bear legal responsibility for spreading other people’s private videos?Lawyer Li Yang said to the analysis that the dissemination of other people’s private videos may constitute an infringement of others’ privacy. If the content of private videos is sensitive and the scope of dissemination is wide, it may also constitute the crime of spreading obscene articles. According to Article 364 of the Criminal Law, whoever disseminates obscene books, periodicals, films, audio-visual images, pictures or other obscene articles, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance. "If it is a small-scale spread, it is basically necessary for the victims to call the police themselves. butIf it is a large-scale dissemination of obscene articles, the police may actively intervene if they find it at work. However, the latter is unlikely. Unless the perpetrator spreads the private video on the whole network. "Lawyer Li Yang told me.

According to reporter Li Wei ‘ao, he claimed that ZhangJike’s debt and video problems were not simply "gossip" of stars, but caused a serious criminal case. In this case, Ms. Jing is a complete victim. ZhangJike’s creditor, who asked her for money, later pleaded guilty and is still serving his sentence. At the same time, Li Weiao threw a question to ZhangJike: "What role did ZhangJike play in this case, and can he respond publicly?"

If Li Wei ‘ao’s news is true, does ZhangJike need to be responsible in this case? In this regard, lawyer Li Yang said to the analysis that the creditor was criminally held accountable for asking Jing Tian for money, which probably constituted the crime of extortion.ZhangJike’s responsibility depends on whether ZhangJike forms an accomplice relationship with the creditors."For example, if ZhangJike gave private materials to creditors and colluded with them (including consulting together and directing creditors, etc.) to extort Jing Tian, although he did not participate in the extortion, it would also constitute an accomplice in extortion; On the contrary,If ZhangJike only sold or otherwise gave the private information to the creditor, but did not participate in the extortion and did not collude with the creditor, it should not be considered that he should bear criminal responsibility for this crime. "However, it is not easy to judge whether it is collusion or not, unless the creditor can provide evidence such as recording. Or if the creditor confessed that he was colluding with Zhang, and ZhangJike himself admitted it.

ZhangJike Studio issued two statements in response to the storm. In the statement issued by the studio for the first time, it was responded that some infringing users made defamatory remarks about Mr. ZhangJike’s character and private life without any factual basis, slandering him for his involvement in gambling debt disputes, fund fraud and other illegal acts. He also said: "Mr. ZhangJike has no debt disputes, and there is no situation of damaging the privacy of others in order to protect himself. The rumor is purely fabricated." The statement issued by the second entrusted lawyer did not deny the relevant rumors, saying that evidence will be obtained for the infringement of reputation rights.

Many netizens are curious about whether the statement issued by the star studio has legal effect, and whether it is necessary to bear legal responsibility if there is anything contrary to the facts in the statement. In this regard, lawyer Li Yang told the analysis that,The statement issued by the studio is generally only regarded as a public explanation. If there are fabricated facts and other plots, which have adverse effects on others, it may also infringe on the right of reputation.

Others have questioned that ZhangJike is going to sue for infringement of reputation right instead of libel. Why do stars seldom mention criminal "libel" and take civil "infringement of reputation"?Is it true that the scandal will sue the right of reputation infringement, and the false will sue the crime of libel?In this regard, lawyer Liang Yan said to the analysis that this is actually not particularly related to the "true and false gossip", mainly because of the difference between the two. The criminal and civil conditions for filing a case are different, and the requirements for the consequences caused by "insulting" behavior are different. It can be simply understood that the severity of the consequences caused by most of these "celebrity gossip" is not enough to take the criminal "libel". For example, causing someone to go insane or commit suicide because of someone else’s "libel" behavior is a serious situation.

In addition, if the scandal is true, it may involve infringement of privacy rights, etc. It should be noted that we can’t say that "if the privacy infringement is mentioned, it will prove that the scandal is true", but it still depends on the specific case.

butCan it be proved that the gossip spread is false when the star accuses the gossip disseminator of infringement of his reputation right?Lawyer Liang Yan told me that, generally speaking, when a star sues someone for infringement of his reputation, there are two main aspects, namely, whether there is slander or whether there is insult.

Even if the actor provides sufficient evidence to prove that he is spreading the true "facts", he may lose the case because of insulting behavior.At the same time, it may also involve infringing on the privacy rights of others, such as publicizing the physical defects or illness of others.

Although "winning the case of infringement of reputation right" can help us to judge the truth of "the spread scandal" to some extent. However, we can’t simply equate "winning the case" with "the gossip being spread is false", and we need to further analyze and judge rationally.