Governance of the online ecosystem is a crucial task in building a cyber power, bearing on national development and security as well as the vital interests of the people. Xi Jinping General Secretary Multiple times It was emphasized that a long-term mechanism for governing the online ecosystem must be improved to continuously foster a clean and upright cyberspace. Cyber rule of law is an important guarantee for building a cyber power. , judicial adjudication is an important component of the system for implementing cyber rule of law. In recent years, The people’s courts have thoroughly studied and implemented Xi Jinping’s Thought on the Rule of Law and General Secretary Xi Jinping’s important ideas on building a cyber power, upholding the principle of serving the overall interests and administering justice for the people. They have punished, in accordance with the law, illegal and criminal activities such as telecom and online fraud and cyber violence, and have adjudicated, also in accordance with the law, new types of cases involving artificial intelligence, data rights, and virtual property in cyberspace, thereby effectively safeguarding the legitimate rights and interests of all stakeholders in the online sphere and actively integrating into and… Promote and push Comprehensive governance of cybersecurity, working hand in hand with relevant departments to ensure effective implementation. “ Focus on the front end, prevent problems before they arise. ” , enhance the capacity to prevent and resolve disputes in the cyber domain, Punish cybercrime and illegal activities in accordance with the law, Helping to enhance the rule of law in cyberspace. 。

2026 year 9 month 14 Date to 20 Today is National Cybersecurity Publicity Week, and the theme of this year’s campaign is “ Cybersecurity is for the people, and cybersecurity depends on the people. —— In the Age of Intelligence, Cybersecurity Ensures Safe Navigation ” In order to earnestly implement the arrangements and requirements of the CPC Central Committee, further leverage the exemplary and guiding role of judicial rulings, and support efforts to promote legal awareness on cybersecurity, 9 month 16 On [date], the Supreme People’s Court released typical cases on the rule of law in cyberspace. The cases released this time… 4 Typical cases involving the application of injunctions for infringement of personality rights in instances of online violence, Livestream sellers infringe upon others’ personality rights. of the Determination of Liability 、 Determination of the Liability for Infringement of Search Engine Service Providers , including the conviction and sentencing provisions for providing online technical support to cross-border gambling, demonstrate that the people’s courts, in accordance with the law, Punishment Cybercrime and illegal activities, Handle internet-related disputes and conflicts, maintain… Safeguard the legitimate rights and interests of the people. , maintaining order in cyberspace and promoting Healthy and orderly development of the digital economy a firm stance and Work effectiveness.

Going forward, the people’s courts will thoroughly implement Xi Jinping Thought on the Rule of Law and General Secretary Xi Jinping’s important thoughts on building a cyber power, further enhancing the quality and efficiency of adjudication in internet-related cases. Strengthen research on cyber rule of law in light of judicial practice, Upholding the governance of the online ecosystem through rigorous and impartial judicial administration, Provide high-quality judicial services and safeguards for building a cyber power and a digital China.

【 Case study 1】  

Clarify the factors to be considered when applying injunctions for infringement of personality rights, and promptly and effectively curb online harassment.

—— Application by Li Mou Injunction Case for Infringement of Personality Rights

【 Basic Facts of the Case 】

Mr. Li and Zhang Mou 、 Mr. Hu All are self-media creators on short-video platforms. , the online accounts of Zhang and Hu collectively have over 2000 Ten thousand fans 。2023 year 7 Starting from this month, Zhang Mou With Mr. Li “ To interfere ” Her and her boyfriend On the grounds of emotion, Network The platform publicly releases for Mr. Li insulting and defamatory remarks ， and jointly Mr. Hu Hype related topics and incite fans. To Li Mou Engaging in online harassment, such as verbal abuse, attacks, and reporting others. Following the incident, some of Li’s business partners terminated their cooperation agreements with him. 2023 year 10 month , Li Mou Filing a lawsuit for infringement of the right to reputation . During the course of the trial, Zhang Mou 、 Hu still Incite fans Implement the above-mentioned Cyberbullying. 2024 year 3 Month, Mr. Li toward People The court granted an injunction against infringement of personality rights, ordering… Zhang Mou 、 Mr. Hu Immediately cease publishing and disseminating content that infringes upon its right to reputation across all social media platforms.

【 Judgment Result 】

The People’s Court of the Changchun New Area in Jilin Province, upon review, finds that, Zhang and Hu engaged in collective online harassment against Li, and during the course of the litigation they continued to perpetrate such abusive conduct, thereby exacerbating the harm. By disseminating infringing information via live streaming and other online platforms, Zhang and Hu facilitated the rapid spread of the contested content, which reached a wide audience and inflicted significant adverse effects, causing both psychological distress and economic losses to Li. Failure to promptly intervene would result in irreparable harm to Li’s legitimate rights and interests, thus satisfying the conditions for the issuance of an injunction against infringement of personality rights. People’s Court of Changchun New Area, Jilin Province In accordance with the law The court ruled that Zhang and Hu shall immediately cease their infringing acts, The validity period of the ban is 6 month ； In the event of a violation of the prohibition, the court shall, in accordance with the law, impose fines or detention depending on the severity of the circumstances; if the conduct constitutes a crime, criminal liability shall be pursued in accordance with the law.

【 Typical Significance 】

Cyber civilization is a cornerstone of social civilization in the new context. The key content is building a cyber power. Important sectors of the country . Online harassment It spreads rapidly, has a wide reach, and can cause irreversible harm—sometimes even irreparable consequences. , seriously undermining the public’s sense of security 。 Civil Code Article 997 Regulation done Provision on Injunctions for Infringement of Personality Rights, The purpose is Promptly halt infringements of personality rights and prevent harm from occurring or escalating. 《 Opinions of the Supreme People’s Court on Lawfully Adjudicating Disputes Involving Artificial Intelligence 》 It also establishes norms for the lawful application of the injunction system for infringement of personality rights. Judicial practice reflects that, Injunction Provisions for Infringement of Personality Rights the conditions for applicability, particularly “ Failure to intervene promptly will result in irreparable harm to its legitimate rights and interests. ” It’s hard to grasp; it’s necessary. Further Refine and clarify applicability. of the Factors to be considered. This case clarifies that, in cases of online harassment where an injunction for infringement of personality rights is sought, the review should comprehensively assess factors such as the manner of the infringing conduct, the speed and scope of information dissemination, and other relevant elements, to determine whether the situation meets the threshold of urgency requiring prompt intervention; a comprehensive assessment… Types of Infringed Personality Rights 、 Nature of the infringing act, Whether post‑event compensation and other remedies can adequately redress the applicant’s harm, among other factors, is examined to determine whether the damage is difficult to remedy. ; Comprehensive consideration Types of infringed personality rights, Infringement Behavioral patterns and harm Scope, Factors such as the degree, Ruling Take appropriate prohibitive measures, Prevention Exceeding the necessary limits . In this case, Network Self-media blogger On social media platforms and in live-streaming rooms, the individual has insulted and defamed others and incited fans to engage in online harassment. This infringing conduct has been ongoing, and Zhang… 、 Hu and another person Follower count exceeds 2000 Ten thousand—given the rapid spread and wide reach of the infringing information involved, it has already resulted in… Li’s social reputation has declined, Commercial interests have been harmed, It is imperative to halt this infringing conduct; if not promptly stopped, the victim will… Facing irreparable harm Accordingly, the People’s Court finds that this case meets the conditions for applying an injunction against infringement of personality rights and upholds it in accordance with the law. The disposition of this case helps to promptly halt acts infringing upon personality rights, prevent the escalation and spread of damages, and effectively… Curb malicious speculation and online incitement. Cyberbullying, etc. Chaos, for the regulation of the internet Words and deeds 、 Purification Cyberspace , Maintaining Online Order Having Standardized Guidance Meaning.

【 Case study Two 】

Clarifying the Rules for Determining Liability of Live-Streaming Sellers for Infringing Others’ Personality Rights , strengthen the network Spatial Personality Rights Protection

—— Li Moujin v. a Certain Cultural Company — Dispute over Online Tort Liability

【 Basic Facts of the Case 】

2024 In [year], a certain cultural company, in order to promote the sale of family‑oriented parenting books, With someone The livestream seller entered into an agreement, entrusting the seller to produce and publish short videos to promote the store online. This The agreement stipulates that the livestreaming seller’s posted… Video Infringing upon the legitimate rights and interests of third parties , Client A certain cultural company should bear responsibility. Subsequently, the aforementioned livestreaming seller on a certain… Online platform The personal account has posted multiple promotional videos, It used video clips of Li Moujin’s public speeches and lectures, accompanied by audio that closely resembles Li Moujin’s voice in timbre, intonation, and pronunciation style. AI Synthesized audio. User clicks on the advertisement. Video One side's Button , can Directly jump to a certain cultural company Network Purchase related books from the store. Upon investigation, The relevant materials in the video at issue were not obtained. Authorization of Li Moujin ， A certain cultural company failed to review the source of the video materials involved in the case, as well as the relevant authorization documents. Li Moujin. File a lawsuit with the court, requesting The court ordered a certain cultural company to issue an apology, compensate for economic losses, and cover reasonable expenses. 25 ten thousand yuan 。

【 Judgment Result 】

After trial, the Beijing Internet Court held that, The video involved in the case 未经 Li Moujin Agree, unauthorized use Li Moujin Portrait, combined with the use of features highly consistent with its voiceprint AI Synthetic voice , the conduct at issue in the case constitutes an infringement of Li Moujin’s right of publicity and right of voice. 。 A certain cultural company failed to verify the source of the video footage, Video footage Review matters such as whether authorization has been obtained from Li Moujin, Existence Negligence in failing to fulfill the duty of reasonable review , constitute Joint tort. 2025 year 7 month 18 day ， Beijing Internet Court Judgment A certain cultural company shall issue a public apology to Li Moujin, compensate for economic losses, and cover reasonable expenses incurred in protecting its rights. 12 ten thousand yuan . After the verdict was pronounced, Both parties involved All; both; each No appeal was filed, and the judgment has thus become legally effective.

【 Typical Significance 】

Strengthening the Protection of Personality Rights in Cyberspace It is an important component of strengthening online ecosystem governance and fostering a clean and healthy cyberspace. Currently, Livestream seller Unauthorized use of another person’s likeness, AI Synthetic voice Wait Implementation “Counterfeit celebrity‑endorsed product sales” Commercial Promotion Such behavior occurs from time to time, undermining the online ecosystem and infringing upon others. Personality rights ， It should be regulated in accordance with the law. This case makes clear that, Livestream seller Subject to E-commerce operator entrusts , by creating and publishing videos, among other methods Conduct product promotion At that time, intentionally using materials that infringe upon another person’s personality rights or other lawful interests constitutes a tort; if the principal, who is an e‑commerce operator, fails to fulfill its statutory or contractual duty of review over promotional content and thereby exhibits negligence in causing the resulting harm, it shall be deemed to have jointly committed a tort with the livestreaming seller and shall bear joint and several liability in accordance with the law. In this case, A certain cultural company has established an agency relationship with a livestreaming sales host. , the case in question The agreement clearly defines the cultural company’s responsibilities for reviewing promotional content and its management authority. In The video at issue conspicuously and extensively uses the likeness of the well-known figure Li Moujin, as well as highly realistic imitations thereof. AI Synthetic voices pose an obvious risk of infringement. in the case of, A certain cultural company failed to verify the source of the video footage, Video footage Review matters such as whether authorization has been obtained from Li Moujin, Existence Negligence arising from a failure to exercise due diligence in the review process. Such negligence is related to the infringing conduct of the livestreaming seller. Intentionally Combined, they jointly gave rise to the resulting harm. It should be determined to constitute Joint tort. This case the handling of, Effective Regulation Illegal act of “impersonating celebrities to sell products” ， Protect in accordance with the law Cyberspace Personality Rights ， Urge e-commerce operators to earnestly fulfill their obligation to review and verify promotional content. ， Further Push Advancing the Rule of Law in Cyber Ecosystem Governance 。

【 Case study Three 】

Clarify Search engine service provider The boundaries of tort liability , balancing technological innovation and Rights Protection

—— A dispute over infringement of the right of information network dissemination of a work, brought by a certain cultural company against a certain internet technology company.

【 Basic Facts of the Case 】

A certain internet technology company, based on a certain large language model ( Has completed the filing of generative synthetic algorithms with the Cyberspace Administration of China. ), to make Using retrieval-augmented generation technology ( Supplement and refine search results by leveraging external knowledge sources. With Provide precise search services. ) Develop and operate a certain… AI Search engine platform. A certain cultural company holds the broadcasting rights to two TV series, “某兵” and “某花.” of the Right of communication to the public via information networks 。2024 year 11 month 28 On [date], a certain cultural company conducted searches for the two aforementioned TV series on the search engine platform at issue, and the top search result was a third-party online storage sharing link, the video content of which matched that of the two TV series. 2024 year 12 month 5 On [date], a certain cultural company submitted requests to a certain internet technology company, including the removal of search results, and a certain online… Technology The company on that day That is The search results at issue were deleted. A certain cultural company filed a lawsuit with the court, seeking a judgment ordering a certain internet technology company to compensate for economic losses.

【 Judgment Result 】

After trial, the People’s Court of Xuhui District, Shanghai, held that the cloud-storage sharing link at issue infringed upon a certain cultural company’s right of information network dissemination in respect of the two television series “某兵” and “某花”; however, a certain network technology company… As Some AI Search Engine Platform of the An online service provider that does not proactively upload the infringing video’s cloud‑storage sharing link at issue does not constitute direct infringement. Due to a certain… AI The search engine platform displays content sourced from public web pages on the internet. of the Content, at the current stage Prior art Unable to automatically identify infringing information, Moreover A certain internet technology company has fulfilled its obligation to file its model algorithms and, upon becoming aware of infringing information, promptly took effective measures, thereby fulfilling its duty to… done Attention Obligation ， Also It does not constitute contributory infringement. 2025 year 7 month 1 day ， People’s Court of Xuhui District, Shanghai The court dismissed all of the claims brought by a certain cultural company. Following the judgment, the cultural company, dissatisfied with the ruling, filed an appeal. 2025 year 12 month 25 Day, The Shanghai Intellectual Property Court rendered a second-instance judgment, dismissing the appeal and upholding the original ruling.

【 Typical Significance 】

Artificial intelligence, big data, and so on The continuous emergence of new technologies and applications poses challenges to the governance of the online ecosystem. New Challenges. People’s courts handle cases involving the application of new technologies in accordance with the law, and at the same time… In accordance with the law Standardize the application of technology while respecting the inherent principles of technological development. ， Support in accordance with the law Technological advancements and iterative development provide judicial safeguards for digital and intelligent transformation. This case is one that clarifies the use of… Retrieval-Augmented Generation Technology of the Search engine service provision person Typical cases illustrating the boundaries of tort liability. Civil Code Article 1,197 Regulation: “ If an online service provider knows or ought to know that a user of its services is infringing upon the civil rights and interests of others, and fails to take necessary measures, it shall bear joint liability with such user. ” 《 Supreme Person Provisions of the People’s Courts on Several Issues Concerning the Application of Law in Adjudicating Civil Disputes Involving Infringement of the Right of Information Network Dissemination 》Refined Determination of the online service provider To Online users infringe the right of information network dissemination. the situation Whether or not “ Knowingly or ought to have known ” Factors to be considered. Unlike the web services of typical search engines, using… Retrieval-Augmented Generation Technology of the Search The search results of the engine service are more accurate and personalized. ， The People’s Court, in applying the aforementioned legal provisions, determines… Internet service provider When determining liability for infringement, factors such as the technological characteristics, service model, and the process by which search results are generated should be taken into account. This case clarifies that search engine service providers must, in accordance with the law, assume a duty of care commensurate with their algorithmic capabilities and data‑related advantages, and… Retrieval-Augmented Generation The algorithmic compliance of technology bears a heavier burden of proof; the retrieved information originates from the internet, and the search engine service provider has neither proactively uploaded, edited, nor recommended such information, thus failing to meet… Knowingly or ought to have known Where a party’s subjective state is such that, upon becoming aware of the infringing information, it promptly takes effective measures, it shall not be deemed to have committed an infringement and shall not be held liable for infringement. This case the handling of, It helps strike a balance among the interests of copyright holders, technological innovators, and the public interest, thereby fostering a rule-of-law environment that supports and regulates technological innovation in the digital sphere.

【 Case study Four 】

Punish, in accordance with the law, crimes involving the provision of technical support services for cross-border gambling. ， Safeguarding cyberspace security

—— Mr. Huang Wait person Case of Operating a Casino

【 [Basic Facts of the Case]

A certain cross-border gambling group in the Philippines developed and operated… camp done 14 a gambling website, 6 a fourth-party payment platform , organizing and soliciting Chinese citizens to participate in online gambling 。2016 Year to 2020 Year, Defendant Mr. Huang Wait person According to A certain cross-border gambling syndicate in the Philippines Arrangement, Establish a software technology company in China, Providing technical support to the gambling syndicate. Service ， including Online gambling software development 、 Write server-side code 、 Manage servers and domain names. reason 、 Maintain the gambling platform and so on. Upon investigation, it was found that Mr. Huang… Wait The total illegal gains of the person are Accounting 1216 Over ten thousand yuan.

【 Judgment Result 】

The People’s Court of Qijiang District, Chongqing Municipality, after trial, holds that the defendant… Mr. Huang Others In accordance with the arrangements of the gambling criminal syndicate, provide software development and other technical support services for gambling-related criminal activities. , constituting the crime of running a casino ， to sentence Mr. Huang Others Imprisonment for a term of five years and six months to six months, together with a fine. . After the verdict was pronounced, Part The defendant submits out Appeal, 2023 year 12 month 6 Day, The Fifth Intermediate People’s Court of Chongqing Municipality rendered Second instance Ruling ， The appeal is dismissed, and the original judgment is affirmed.

【 Typical Significance 】

The CPC Central Committee attaches great importance to combating and addressing… Cross- 境 Gambling-related crimes. At present, the technology supply chain has reduced the costs of developing and operating gambling websites, Cross-border gambling crime There is a trend toward networking. , the people In this regard Deeply detest and abhor. This case is precisely… The people’s court, in accordance with the law Typical Cases of Severely Punishing Crimes Involving the Provision of Technical Support for Cross-Border Gambling . In this case, Defendant Mr. Huang Others According to the arrangements of the gambling criminal syndicate, Establish a technical supply chain team for online gambling, Development Complex, feature-rich software used by cross-border gambling syndicates. Operations gambling websites, Payment platform Provide technical support services ， and Cross-border gambling syndicate They had previously conspired and established a relatively stable cooperative relationship, The people’s court has determined in accordance with the law. Defendant Mr. Huang Others Constitutes the crime of operating a casino. 。 This case clarifies that the actor Knowing full well that it is Cross-border gambling syndicate , and continues to provide services such as software development and technical support in accordance with its arrangements. ， Composition Operating a casino of the Joint crime , demonstrating the people’s courts All-round Entire chain Strike Cross-border gambling Crime a clear stance , thereby contributing to the creation of a clean and healthy cyberspace through rigorous and impartial administration of justice.