Ease of using new media cited as a cause of shift in behavior

Disgruntled divorcees are increasingly turning to the Internet to vent about their ex-partners, leading to a sharp rise in lawsuits in online defamation, according to judges.

Although allegations of slander and libel are nothing new between former lovers, legal experts and psychologists say the Internet, and the ease with which it can be used, has caused a shift in behavior.

"People nowadays prefer to publish their feelings on an online space, such as a micro blog or forum," said Hao Peng, a veteran Beijing judge who specializes in civil disputes.

A study she helped conduct for the Haidian District People's Court revealed the court had seen a yearly increase in the number of libel cases relating to Web posts since 2009.

Such disputes usually occur during a couples' divorce or after they have been legally separated for one or two years, Hao said.

She recounted a typical case that she presided over in 2011. A 38-year-old man sued his ex-wife after she sent insulting e-mails to his friends and colleagues.

"The woman had been divorced from the man two years earlier, but she was still unhappy about the division of property," Hao said.

The judge said the ex-husband had failed to pay the defendant about 300,000 yuan ($47,000) that he owed her.

"So to put him under pressure, his ex-wife sent photos and wrote nasty things about him to his friends and published his name, workplace and other private information in an online forum."

Hao eventually ruled on the side of the plaintiff.

"After studying the evidence, it was obvious the ex-wife had indeed damaged the man's reputation, so I asked her to apologize and ordered her to delete what she wrote online," she said, adding that she has handled five or more disputes like this in recent years.

Wang Huina, another judge in the Haidian district court, said she has heard many similar cases, mostly involving young couples.

She cited a case that took place in April, in which a man won a lawsuit against his ex-wife after she posted his personal data online.

"The couple was very young. Both of them were about 30 years old," Wang said. "The woman believed her ex-husband was enjoying a better life after their 2010 divorce and that it was unfair. So she posted ugly stuff about him.

"Some young couples don't know how to keep their relationship private and like revealing their feelings on the Internet."

Celebrity trend?

Cheng Yi, a judge specializing in civil disputes at the Chaoyang District People's Court in Beijing, said defamation between divorcees usually occurs with celebrities, such as artists, musicians and entrepreneurs.

"People hope to get sympathy by saying shocking things," she said. "Some women criticize or complain about their ex-husbands in public, aiming to get understanding and attention."

However, with the boom in micro blogs, many couples are pouring out their sorrow via the Internet, said Cheng, adding she has heard 10 or more such cases a year since 2008.

Neither the Haidian nor Chaoyang district court could provide statistics on how many online defamation cases have been heard.

"It's hard to collect evidence to prove defamation, and some people may mediate or solve their disputes privately," Cheng said. "The number of defamation cases is not very big, and only a few of those cases are related to broken marriages."

Gu Yue, a senior judge at the Beijing No 1 Intermediate People's Court, said he has heard similar cases, but most did not come to court due to the massive amount of time and money needed to take a matter to trial.

"In this modern society, some young people are self-centered and seldom consider others' feelings, so they divorce on impulse, which is why they still have problems after they finish their relationship," he said. "The Internet, as a kind of tool, also provides them a platform to have arguments."

Gu said there is no link between good education and a good marriage. He said the courts attempt to resolve cases involving arguing couples through mediation.

"Some people intend to build public pressure on their ex-husband or ex-wife, hoping to get more compensation and the other's compromise," he said, adding that revenge was another motivating factor.

He said it is a challenge to collect evidence in online defamation cases, as most people do not use their real names online and they can delete their posts after they have achieved their purpose.

The problem is not limited to Beijing.

A court in Guangzhou, Guangdong province, sentenced a man to serve five days detention and ordered him to pay a 10,000 yuan fine for launching an online attack against his wife in an online game forum during their acrimonious divorce in May last year.

The defendant described his estranged wife as a prostitute and published her real name, Guangzhou Daily reported.

Women turn to web

Hao, the Beijing judge, said the couples involved in the online defamation cases she has arbitrated are usually well educated and the woman is more likely to be the defendant.

"Some women think their hearts were broken during the marriage, so they try to seek ways to release their feelings," she said.

"They turn to the Internet to demonstrate their displeasure and do not think it's an infringement of the other parties' rights."

Jiang Yongping, a researcher specializing in family relationships at the Women's Studies Institute of China, said online defamation is an easier way for people to air their grievances, and is faster than traditional means.

"People show their different sides in different situations. Women in the cases might take the bad points of their ex-husbands and their families, and want to tell the public, to let more friends understand what kind of people the men are and get more support," she said.

Jiang said women resort to online defamation because they feel powerless when their marriage breaks down and are often left at a disadvantage when it comes to property division and child custody issues.

"Current laws and regulations can't fully protect women's interests. For example, some men transfer the ownership of properties before they divorce, meaning the wife can't get a fair division of the couple's assets," she added.

Contact the writer at caoyin@chinadaily.com.cn