Decrypt the "rice ring black talk", don't break the bottom line for traffic
Comic / Takatake
□ Reporter Xu Weilun
aswl, wlsw, upside down, pull down ... Do you understand these "rice whispers"? Rice circle, which is the collective name of fans of the star-chasing group to which they belong, and some of them use insulting language and fabricated facts online to actively degrade other stars. Behind this, is closely related to the traffic interests of the stars.
Recently, the Beijing Internet Court released the "Research Report on" Fan Culture "and Adolescent Internet Speech Abnormality" (hereinafter referred to as the "Report"). Among the celebrity v. Netizen infringement of reputation rights heard by the court, 70% of the defendants were under 30 Teenagers, using the unique language of "rice circle" became a prominent feature of their infringement speech. The "Report" analyzes the main features and causes of adolescents' online speech anomie under the influence of "fan culture", and makes suggestions on social governance.
Fans scolding constantly use "black words"
The "Report" shows that the convenience and conductivity of the Internet have brought together individual fans with common interests and preferences in different regions on the Internet, forming a distinctive fun culture centered on stars, clear levels, clear division of labor, and strong action. Group and organizational forms. Fans continue to share information and exchange emotions, and gradually form a community of interest and emotion that recognizes and appreciates each other. They even created unique communication languages, such as "aswl" and "wlsw", which have been selected as the Internet hot words in 2019.
However, in this context, disputes over the violation of reputation rights among young people have risen, and the problem of anomalous online speech needs to be regulated. In the case of celebrity v. Netizen infringement of reputation, which was heard by the Beijing Internet Court, 70% of the defendants were young people under 30, most of whom were college students. The infringements involved are relatively concentrated on social platforms, including Sina Weibo, WeChat public platforms and Douban.
After analyzing the trial cases, it was found that the purpose of young people's suspected infringement speech was to increase the popularity and attention of their favorite celebrities. It usually manifests itself in the form of counterattacks against speeches that disparage one's idols; actively disparage other celebrities to gain influence for their favorite celebrities; and launch speech attacks simply because they hate other celebrities who cooperate with their idols.
It is worth noting that in several cases accepted by the Beijing Internet Court, the defendants' insults to certain celebrities were often caused by continued scolding among fans. In the process of chasing stars, teenagers are irrational, vilifying each other, and escalating non-standard comments. Individual fans will turn their grievances on the stars maintained by the other party, and then insult and slander the stars.
When they carry out cyber speech attacks, they often use "fan circle black words", which are usually manifested as "black names" of stars, homophony of abusive language, and specific words describing hype in the entertainment industry. For example, in many cases, defendants have referred to specific celebrities with certain insulting and derogatory nicknames. Although these nicknames may not be well known to the majority of the public, they are clear in the fan group. Based on this, the Beijing Internet Court found that after the insulting title can form a corresponding relationship with a specific star, it can be regarded as an insult to the star and constitutes an infringement.
In some cases, the defendant used abusive nicknames to insult a celebrity fan group, using the sand to insult the celebrity. In response, the Beijing Internet Court found that the defendant's insulting words to the fan group contained an insult to the star, which also constituted a violation of the star's reputation.
Intentional hype for traffic disorients teens
During the trial, the young people involved in the complaint often showed weak legal consciousness and a sense of chance. Some young people claim that the infringing statements they post are not original, but are reproduced from information published by other media or individuals, so they do not need to bear any responsibility.
In addition, even if some of the defendants' statements in the case were extremely uncivilized, they were still “supported and sought after” by fans of the same nature after the case was filed in the court, which was not only reflected in a large number of comments supporting or encouraging the defendants, but even the Weibo fans of the defendants appeared in The situation has multiplied during the litigation. In some cases, the trial video also caused hundreds of millions of topics after the trial ended for a period of time, which once again aroused public attention. After the case was pronounced, some defendants continued to make inappropriate comments and continued to be sought after, reflecting the abnormal state of mind that some fans place personal dislikes above facts and laws. What's more, during the lawsuit, a "reward" campaign was launched to organize fellow fans to raise funds for it.
In this regard, the Beijing Internet Court has a clear judicial attitude, not only in the related cases judged the defendant to bear liability for infringement according to law, compensation for the plaintiff's spiritual comfort, but also found that the defendant's "reward" money due to the lawsuit constituted illegal income, all collected for display Discipline became the first case in the country.
The "Report" analyzes the causes of the problem of adolescents' online speech deficiencies. Among them, there are deficiencies in the youth's online literacy education, such as families and schools, and some public figures have not assumed the social responsibility of leading the public. Social platforms lack the advancement with the times. Online speech management mechanism. In addition, fan grouping, networking, and organization of the cyberspace subcultures and new formats that have spawned all provide the soil for network anomie.
Driven by traffic benefits, individual celebrities or their teams do not rule out behaviors such as excessive packaging of "personal design" and deliberate speculation, lack of consciousness and behavioral consciousness as social public figures to a certain extent, and lack of positive values for young people Lead.
The "Report" further pointed out that the fan culture has given birth to the fan economy, and at the same time has generated operating income, which has given rise to relevant practitioners. Practitioners build up the emotional interaction between fans and celebrities to improve the stickiness of fans to obtain economic and social benefits. For example, fans buy celebrity magazines, albums, accessories, the same paragraph or endorsements, etc. Fan groups gathered in cyberspace for the purpose of chasing stars have helped raise funds, from slogans for star concerts to advertisements on the outer walls of office buildings. These high expenses have come from the fan's fundraising and the impulse to pay, which has caused a series of social issues that should be paid attention to. For example, the "assistance" funds flow to opaque, money managers run around; the young "bonus" and huge "bonus" cause disputes; "ox cattle", "living food" and other violations of privacy and public security incidents challenge morality and law Bottom line etc.
Understand referee rules in response to judge's initiative
For many issues, the Beijing Internet Court has established a series of trial rules involving a series of cases involving online speech infringing on the reputational rights of others. Citizens' freedom of speech should be limited to respecting the legal rights of others. The right to privacy and reputation of any natural person is subject to Legal protection; public figures' tolerance for social comment is limited by personal dignity; the extent of tort liability of the media should take into account the scope and influence of speech dissemination from the media; "black words" and "insinuation" of the food circle also constitute infringement; Infringement speech seeking “reward” constitutes illegal gains, and the court may collect it; the insult to star fans under certain circumstances also constitutes an insult to the star; public figures should tolerate reasonable criticism of their business capabilities, etc.
At the same time, the Beijing Internet Court suggested that all parties work together to foster a healthy Internet culture and build a clear cyberspace. Jiang Ying, deputy president of the Beijing Internet Court, suggested that cases be tried in accordance with the law, adjudicating the rules and promoting governance by rules; strengthening the management of the source of lawsuits and multiple mediations; strengthening the openness of the judiciary, and attracting young people's attention to judicial trials; The speech provided correct guidance, cultivated a healthy web culture, and practiced the core values of socialism; enhanced the comprehensive quality of young people, strengthened the education of the rule of law, and aesthetic education; strengthened the comprehensive management of the network, created a clear space, encouraged high-quality literary and artistic creation, and led the correct civilization orientation.
The "Report" recommends that relevant departments should insist on managing the network in accordance with the law, continue to intensively crack down on illegal activities such as data fraud, hidden traffic, malicious speculation, and improper marketing, and improve the management mechanism of online bad information. Internet platforms should insist on operating the network in accordance with the law, improve the information review and content release mechanism for network users, increase the monitoring and review of users such as marketing accounts, zombies, and online marines, and properly use management such as deletion, blocking, and blacklisting. Mechanisms and new technological methods, urging network users to strengthen self-management and self-discipline, and promptly intervene and stop inappropriate speech. As the main Internet users, young people should adhere to surfing the Internet in accordance with the law and civilization, discerning Internet information rationally, and making rational statements on the Internet, so as not to believe, create or spread rumors. Literary and art workers should respect morals and arts, consciously assume social responsibilities, take the lead in resisting vulgar vulgarity, and show correct attitudes to insults and slanders on the Internet, offenses and counterfeits, and malicious hype marketing, etc. , Set a healthy example for fans.
At the briefing, Zhang Wen, the president of the Beijing Internet Court, released a proposal to promote the core values of socialism and build a clear cyberspace. He proposed a five-point proposal: advocating for online speech publishers to assume the responsibility of discourse, and resolutely saying that online speech is out of order. No "; advocating the majority of Internet users to reject online violence, surfing the Internet in accordance with the law, and rationally speaking; advocating literary and art workers to talk about taste, style, and responsibility, and guiding the fan group to follow the stars rationally; advocating that network service providers produce quality and meet the diverse needs of the people Fresh cultural products provide a more friendly and convenient communication channel for high-quality content; advocate the formation of a joint force to maintain public order and customs and establish a good fashion in the whole society.