Online vigilante justice Chinese style and privacy in China

Abstract

It cannot be denied that the Internet continues to have a significant impact on the social, cultural, commercial and political aspect of everyday life. While it can be said that the impact is generally positive, a phenomenon has arisen where the technology can be used to publicly shame, harass and humiliate a person with devastating effects. This article examines the increasing use of human flesh search as a valve for the community in China to express dissatisfaction over local injustices and to enforce social norms and moral values. It then discusses such use can lead to an infringement of privacy. This article continues by analysing the landmark Beijing Court's decision in Wang Fei v. Zhang Leyi, Daqi.com and Tianya.com. The case is significant as in that not only is the case the first case that recognizes human flesh search and its impact on mainstream society but it also provides judicial recognition of Chinese citizens' right to privacy. Finally, this article considers the right to privacy and reputation as well as the liabilities that can arise under the recently enacted Chinese Tort Law.