Model Cases of Infringing on Personality Rights by Using the Networks and Information Technologies

Model Cases of Infringing on Personality Rights by Using the Networks and Information Technologies
(June 12, 2025)

At present, the Internet is widely used and new technologies like AI are thriving. A new round of scientific and technological revolution and industrial transformation is rapidly unfolding, greatly improving people's quality of life and accelerating economic and social development. The progress in the networks and information technologies also make high interconnection of social individuals and deep remodeling of interpersonal relationships, and the social changes are intensifying. In this process, attaching full importance to and strictly safeguarding the basic rights of parties to civil legal relations is not only an important part of implementing the protection of human rights in accordance with the law, but also a necessary requirement for promoting the upward and virtuous development of emerging technologies and building a harmonious and orderly social order. In practice, infringements on such personality rights as the right of portrait and the right of reputation by using the networks and information technologies are not uncommon. Compared with traditional cases of infringement on personality rights, the ways and means of infringement are more concealed and complex, requiring accurate identification and granting of relief in accordance with the law. The Civil Code and the Amendment (IX) to the Criminal Law respond to the needs of the times, build complete rules and institutional systems of personality rights, and comprehensively protect the personality interests of citizens and legal persons. The people's courts shall conscientiously implement the provisions of laws, correctly apply laws in the handling of cases, strengthen the denial and rectification of infringements on personality rights by using the networks and information technologies, and intensify the judicial protection of personality rights. The six model cases are hereby published with the following characteristics:
First, strictly implementing the provisions of the Civil Code on the protection of personality rights and strengthening the judicial protection of personality interests. There is a special book on personality rights in the Civil Code. Such basic personality rights as the right of life and the right of bodily integrity as well as the personality interests whose value has become fully prominent in the information age including the privacy and voice of natural persons shall be protected; and the personality rights of natural persons as well as the corresponding personality rights of legal persons shall be protected. In Case No. 2, without the authorization of Yin [REDACTED], Company A, Company B, and Company C processed Yin [REDACTED]'s voice by using AI-powered technology (namely, artificial intelligence technology) and provided such voice for dubbing by users, resulting in Yin [REDACTED]'s voice being used in various scenarios. The people's court ordered the three companies to bear the infringement liability, which fully demonstrates the comprehensive protection of the voice rights and interests of a natural person. In Case No. 1, Zheng [REDACTED] posted a reward advertisement without authorization for collecting clues to a violation or crime of [REDACTED] Development Company, which would decrease the social evaluation of the Company and damage the reputation of the Company. The people's court ordered Zheng [REDACTED] to bear the infringement liability, which not only demonstrates the effective protection of the right of reputation of the legal person, but also guides the use of a reward advertisement for a legitimate purposes and avoids abuse of a reward advertisement that may damage the public order and good morals.
Second, focusing on new forms of infringements by using the networks and information technologies and guiding and regulating the correct application of emerging technologies. AI technology represents and guides the development direction of emerging technologies to some extent, and its widespread application is unstoppable. At present, industrial forms and business models driven by AI technology are emerging constantly; therefore, high attention shall be paid to the unique performance of such technology and its influence on the rights of the parties to civil legal relations. The people's courts shall promote advantages and eliminate disadvantages in the trial of cases and ensure that the emerging technologies benefit the society. Both Case No. 2 and Case No. 3 involve infringements by using AI technology. Particularly in Case No. 3, [REDACTED] Software Operation Company exploited AI technology to develop and operate a piece of "face swapping" software for profits. Without obtaining the authorization of Peng [REDACTED], the Company provided the portrait of Peng [REDACTED] for its users to "swap faces."The people's court determined that the Company infringed on the right of portrait, which reminds the relevant parties to abide by laws and regulations and avoid infringement on the personality rights of others in the development and application of AI technology.
Third, planning the protection of personality rights and the punishment against cyber infringements as a whole and expanding the clear space for the vigorous development of technologies. In some cases involving infringements on personality rights, not only the individual rights of parties to civil legal relations are infringed on, but also the cyberspace is polluted and the social atmosphere is corrupted, laying hidden dangers for the comprehensive use of networks and further development of technologies. The people's courts shall resolutely punish such infringements. In Case No. 4, the account involved illegally disclosed Chen [REDACTED]'s information and others were called on to engage in cyber violence against Chen [REDACTED]. Since Meng [REDACTED] and Gao [REDACTED] were the persons responsible for the joint registration and management of the account involved, the people's court ordered them to bear the infringement liability and specified that the registrant and user of the account should effectively bear the management responsibility and use the account in a legal and reasonable manner, and prevent the account from becoming a tool of cyber violence. Guided by this case, efforts shall be made to avoid infringements at the source, eliminate cyber violence, and create good cyber atmosphere.
Fourth, investigating the criminal liability for serious infringement on personal information in accordance with the law and intensifying the punishments. The Amendment (IX) to the Criminal Law introduces new provisions on a crime of infringing on citizens' personal information and specifies that any act of infringing on citizens' personal information with serious circumstances shall be criminally prosecuted. In Case No. 5, as Xu [REDACTED] and Li [REDACTED] illegally obtained and sold citizens' face information, and the circumstance was serious, the people's court determined that their acts constituted a crime of infringing on citizens' personal information. In Case No. 6, a home security camera was identified as a computer information system in accordance with the law. Han [REDACTED] illegally controlled home security cameras, which infringed on personal privacy and information security and constituted a crime of illegally controlling a computer information system. The people's courts separately sentenced the persons in the above-mentioned two cases to fixed-term imprisonment and a fine, intensified the punishments against acts of infringing on citizens' personality rights, and further enhanced the warning effect.
In the next phase, the Supreme People's Court will further implement the Xi Jinping Thought on Rule of Law, insist on a people-centered approach, continue to strengthen the adjudication and supervision of cases involving infringements by using the networks and information technologies, ensure more adequate, timely, and thorough protection of the legitimate rights and interests of parties to civil legal relations in the rapid development of networks and information technologies, and promote the sound and rapid development of emerging technologies on the track of the rule of law.
Table of Contents
Case No. 1: The acts of any individual who, without authorization, posts a reward advertisement for collecting clues to violation or crime of others may constitute an infringement on the right of reputation
— Case of Dispute over the Right of Reputation ([REDACTED] Development Company v. Zheng [REDACTED])
Case No. 2: Whoever engages in unauthorized use of the AI-generated voice of another person should bear the liability for infringement on the right of reputation
— Case of Dispute over the Right of Reputation (Yin [REDACTED] v. Company A, Company B, et al.)
Case No. 3: The person who engages in unauthorized use of another person's portrait for “face swapping” by users should bear the liability for infringement on the right of portrait
— Case of Dispute over the Right of Portrait (Peng [REDACTED] v. [REDACTED] Software Operation Company
Case No. 4: The acts of "doxing" a person and calling on fans to file complaints and engage in cyber violence constitute an infringement on the right of reputation
— Case of Dispute over the Right of Reputation (Chen [REDACTED] v. Meng [REDACTED] et al.)
Case No. 5: Illegal trading of face information, if the circumstances are serious, constitutes a crime of infringing on citizens' personal information
— Case of Infringement on Citizens' Personal Information by Xu [REDACTED] and Li [REDACTED]
Case No. 6: Whoever illegally obtains the control over others' home security cameras, if the circumstances are serious, constitutes a crime of illegally controlling a computer information system
— Case of Illegal Control of a Computer Information System by Han [REDACTED]
Case No. 1
The acts of any individual who, without authorization, posts a reward advertisement for collecting clues to violation or crime of others may constitute an infringement on the right of reputa......