Unauthorized use of a celebrity's likeliness should be penalized

There are all kinds of celebrity lookalikes. Take Fan Xiaojin, born in 2008 in rural Ji'an, in Jiangxi, who was later known as little Ma Yun (Jack Ma) for his likeness to the founder of Alibaba.

After his photo was circulated online in 2015, the boy became a celebrity, appearing frequently on TV, on catwalks, in short videos, even starring in several movies.

Although diagnosed as mentally deficient in 2021, the attention he garnered for his likeliness had considerably improved the circumstances of his impoverished family.

The case was more or less harmless, for Jack Ma himself had shared Fan's photo, in good humor.

Some attempts at impersonation are more suspicious.

For instance, recently in a streaming session one man tried to look like late American professional basketball player Kobe Bryant (1978-2020), similarly in a No 24 jersey, with the tune "See You Again" played in the background. Although Kobe is dead, he still enjoys post-mortem protection of rights to his identity.

There was also a livestreamer mimicking the late physicist Stephen Hawking, who would sit in a wheelchair wearing a mask. Whenever he received a reward (tip) from the viewer, the impersonator would rise to his feet, dancing, holding his wheelchair high. This livestreamer's account was subsequently suspended for 15 days for drawing attention (and making a profit) by exploiting another person's physical disability.

Nor are such imitations restricted to appearance only. You might sound like a certain star, and then are invited to speak in a certain advertisement. If it worked, and fooled a lot of people, it would be a brazen case of misappropriation of someone's right to their own voice.

There are all kinds of impersonating tricks in livestreaming sessions, with deliberate imitations in appearance, bearing, apparel, or names, invariably for the purpose of generating Internet traffic, and sales.

Are these cases of impersonation guilty of malfeasance? The answer is yes, for identity is a property right, even if it is as a rule more zealously and jealously guarded by the famous people in our society.

Thus to knowingly use another person's name, voice, signature, photograph, or likeness, without prior consent of the person in question, is illegal.

As an expert cautioned, there is a limit to the degree one could impersonate, for excesses might disrupt normal market order and result in litigation.

The message for the regulator is loud and clear: the regulatory authority should subject livestreamers to stricter regulation, with malfeasance and shady practice so penalized that they would not dare to repeat the offense.

The real identity (and account) of the impersonating livestreamer should be publicized, so that audiences would not be fooled again.

One lawyer in Beijing observed that if a livestreamer's performance is so successful that he/she is mistaken for the real McCoy, then this might constitute an intentional infringement of the celebrity's right to likeness or name. If the show also involves unauthorized use of a song or part of a movie episode, then there might also be violations of copyrights.

In the case of a deceased celebrity, according to relevant legal provisions, the relevant personality rights of the person would be passed on to their near relatives, who might sue the culprits.