A journalist in British Columbia successfully won a defamation lawsuit following an unusual 77-day protest outside his Surrey residence in 2020. B.C. Supreme Court Justice Richard Hewson ruled in favor of Bing Chen Gao, awarding him $275,000 in damages due to defamatory statements made by defendant Yun Fei Zhu.
During the protest, which began on September 15, 2020, and lasted until December 1, 2020, Zhu and a group of individuals gathered outside Gao’s home daily. The protests, attended by crowds ranging from 10 to 60 people, were livestreamed for about five hours each day, with Zhu being a prominent figure considered a “leader.”
Additional protests and livestreams occurred in January 2023 outside Gao’s residence, as detailed in court records. The demonstrators accused Gao of being a spy for the Chinese Communist Party (CCP), distributed pamphlets revealing his address, and played funeral music near his house.
The protestors were supporters of Chinese businessman Guo Wenghui, who founded the New Federal State of China (NFSC) movement, aimed at challenging the CCP. Guo was recently sentenced to 30 years in a U.S. prison for fraud. Justice Hewson noted differing views on Guo, describing him as either a brave corruption fighter or an untrustworthy figure leading a cult-like movement.
Gao, a former pro-democracy activist in China, faced allegations from the protestors of being a CCP-trained agent and receiving money from the party. The distributed materials accused him of spreading false information on behalf of the CCP and defaming genuine anti-communism activists.
Amid the livestreams, protestors chanted derogatory phrases in English and Mandarin directed at Gao. Zhu testified that he ceased participating in the protests after an assault incident in the area but resumed involvement in 2023.
Gao testified that the protests had a detrimental impact on his family, including his wife, young daughter, and elderly mother-in-law. Justice Hewson held Zhu responsible for defamatory remarks made during the livestreams and ordered him to pay Gao $250,000 in general damages, along with an additional $25,000 in aggravated damages. Furthermore, Zhu was instructed not to repeat defamatory statements and was required to cover $5,000 in court costs.
