(By You Yunting) Recently, an AI face-swapping scandal on the Hongguo short-drama platform has attracted widespread public attention. The likenesses of multiple ordinary individuals have been AI-generated and used in short dramas on the platform without authorization: some were edited into lewd and greedy villains roles in the drama Taohuazan (English translation: Peach Blossom Hairpin) , while others were directly made the leading actress. While celebrities make headlines when their faces are misused, ordinary people often don’t even know they’ve been cast. Infringers count on you not discovering the infringement, or being too reluctant to sue even if you find out, or that the compensation awarded will be negligible. Today, we will explain how to enforce your rights on your own, with three core steps: evidence collection, complaint, and litigation.
I. How to Collect Evidence?
In Chinese litigation, evidence is everything. Upon discovering infringement, do not confront the infringer immediately, as they may delete the content and destroy evidence. Therefore, secure evidence first. Currently, there are two common and effective methods to do so:
Notarization: The most traditional and reliable method is to apply to a notary office. You visit a local Notary Public Office, where a notary supervises the screen-recording and capturing of the infringing content on a disc. The resulting Notarial Certificate carries high probative value in Chinese courts.
Time-stamping: This method involves certain technical requirements. A trusted timestamp can technically prove that the infringing evidence existed at a specific time and remained unaltered. Use trusted timestamp service platforms (like UniTrust) to generate a trusted timestamp to record screens and capture the screenshots of the drama’s playback page and infringing scenes for evidence.
II. How to File a Complaint?
Once evidence is secured, file a complaint to prevent the content from further harming your rights online. Legitimate video platforms all have dedicated complaint channels, often available in settings, help centers, or at the bottom of their webpages.
When filing a complaint, first provide your identity certificate (ID card) to verify your identity. Then focus on two key claims:
1. Infringement of Portrait Rights. Submit a side-by-side comparison of your original photo and the AI-generated version from the short drama to demonstrate the high resemblance.
2. Infringement of Reputation. If the short drama not only misuses your face but also defames your image(e.g., portraying you as greedy and lecherous in Taohuazan), it may involve reputation rights’ infringement. You may raise this claim simultaneously in your complaint.
A common controversial point is that platforms or producers often argue that a “purely fictional” disclaimer at the start or end of a drama exempts them from liability. This argument is untenable. In China, even for fictional works, appropriating and distorting an ordinary person’s likeness will constitute reputation infringement if it can be proven that the work has significantly lowered the public’s social evaluation of the individual.
There is judicial precedent supporting this. In the landmark 1990 The Chaos of Taimu Mountain defamation case, the author Tang Min fabricated plots in her novel to portray the victim as a tyrannical and immoral person, causing serious reputational harm. Tang Min was convicted of criminal defamation and sentenced to one year in prison. Although AI face-swapping and defamation in short dramas may not always be criminal, it still violates civil law, and the infringer must bear civil liabilities, including cessation, apology, and damages.
III. How to File a Lawsuit?
1. Whom to Sue?
If the platform refuses to remove the content or stalls over compensation, litigation becomes the final step.
You may sue both the platform (eg., Hongguo) and the production company. For enforcement convenience, it is best to list them as co-defendants. You may wonder whether platforms can rely on the “safe harbor” principle. Indeed, platforms may avoid liability if they promptly remove user-generated content upon notice—this is the safe harbor principle.
However, this principle does not apply to short drama platforms. The safe harbor principle exempts platforms from monitoring massive volumes of user-uploaded content (such as selfies). In contrast, short dramas are submitted as finished works by production companies and approved by platforms before release. As professional platforms, they owe a higher duty of care. More importantly, platforms profit from dramas via advertisements or pay-per-view, so they bear a commercial duty of care for the content.
2. Where to Sue?
Lawsuits follow the principle of litigation convenience: you may file a lawsuit at the court of your domicile (the plaintiff’s residence). Chinese judicialinterpretations of the Civil Procedure Law confirm that, for online infringement, the place of results includes the victim’s residence.
3. Amount of Compensation?
The amount depends on two factors: the popularity of the short drama—higher views and wider reach lead to higher damages—and the severity of the infringement—whether your face is used for a villain, whether the plot is insulting, and whether it lowers your social evaluation (e.g., misunderstanding by relatives or cyberbullying). For ordinary dramas, damages are typically from RMB 5,000 to RMB 50,000. However, if the drama is a massive hit, (like Taohuazan with tens of millions of views on Hongguo) or the distortion is extreme (like extreme distorted portrayals caused severe mental distress), the compensation amount will be substantially increased.
AI technology is evolving rapidly, but convenience is no excuse for infringement. Posting your photos online is not a waiver of your rights to portrait or reputation rights. Facing face-swapping infringements, only legal actions can make reckless producers pay the price. One final practical tip: beyond platform complaints and lawsuits, you can also report through the 12315 consumer platform, the CAC (Cyberspace Administration of China) Reporting Center, and the 12345 Government Service Hotline. These multi-channel reports can expedite the removal of infringing content. Please note that litigation requires professional expertise; if you encounter difficulties in handling the case independently, engaging a professional lawyer will greatly improve the efficiency and outcome of your rights protection.
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