Key Takeaways
- BYD is suing 37 influencers in China for allegedly defamatory comments about the company.
- The automaker has created a News Anti-Fraud department, offering rewards for tips that may lead to legal action.
- Legal action against influencers for defamation is more common in China than in Western countries, with serious financial repercussions for those found guilty.
BYD’s Legal Action Against Influencers
BYD, the rapidly growing Chinese automaker, has taken a significant step by suing 37 social media influencers for allegedly making defamatory statements. This legal initiative highlights a more aggressive approach to defamation in China, contrasting sharply with practices in the West, where such actions are less frequently pursued.
The company’s proactive measures include forming a “News Anti-Fraud Office,” established to combat negative online narratives. In an effort to tackle potential smear campaigns, BYD encourages public participation by offering substantial rewards, ranging from 50,000 to 5 million yuan ($6,900 to $690,000) for valuable tips.
Several influencers have already faced consequences for their remarks. In one case, an influencer accused BYD of manipulating creators to malign rival brands, resulting in a court ruling that mandated a public apology and a fine of 100,000 yuan (approximately $13,800). In another instance, claims of financial instability led to severe penalties as well.
This pattern of legal repercussions extends beyond BYD. Notably, Nissan Dongfeng previously sued an influencer for posting over 50 TikTok videos that disparaged its vehicles, demanding 5 million yuan in reparations. Similarly, Tesla has engaged in lawsuits against influencers, underscoring a trend where major manufacturers actively defend their reputations.
Such legal actions reveal a stark difference in defamation norms between China and the West. In China, defamation can carry criminal implications, particularly against state-owned enterprises or those closely tied to the Communist Party. The legal framework allows companies to argue that harmful comments have significantly impacted their reputation, leading to potential criminal charges against influencers, regardless of the veracity of their claims.
This environment creates high stakes for influencers who may face career-ending consequences and exorbitant financial penalties for negative comments about prominent companies like BYD. As a result, content creators are being urged to exercise caution in their statements, as public sentiment and financial consequences can shift dramatically based on the companies involved.
Overall, the situation underscores a broader trend in China where social media influencers operate under intense scrutiny, and companies are increasingly willing to resort to legal action to protect their image. With substantial rewards for whistleblowers and serious repercussions for defamation, the message is clear: influencers must tread carefully in their discourse or risk severe penalties.
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