Source: China News Weekly
Author: Zhu Zheng
After the incident of "Holding the Gate" in Chengdu Taikoo Li, a number of popular commercial neighborhoods in China made a new round of response on street shooting behavior.Beijing Sanlitun Taikouli issued a "street shooting reminder" saying: "Sanlitun Taikooli has multiple prompt signs in the eye -catching position in the public areas, reminding customers to raise awareness of prevention and protect personal portrait."Commercial shooting behavior.
Heated discussion together, there are sneak shots.On June 7, a woman suspected that she was photographed by an uncle in the Guangzhou Metro. After the other party confirmed her innocence, the woman still wrote "small composition" for "exposure", which caused widespread attention on the Internet.On June 14, some netizens reported that a man in the South Campus of Zhengzhou University sneaked into a girl's bathroom and was arrested.The next day, Zhengzhou University issued a notice: The man was a previous graduate, and the public security organs had imposed administrative penalties on it in accordance with the law.
These hot search events have aroused heated discussion among netizens.Is the street shot alleged to infringe the right to portrait of others?Does sneak shot constitute a crime?How should all parties in "oolong sneak shots" be reasonable to protect their rights?They are the focus of public attention.
Is the street shot infringing?
In recent years, it is not uncommon to have three or five groups of street shooting enthusiasts in well -known commercial districts.A professional street shooting will basically capture the portraits of the person, even the facial expressions, clothing matching and wearable brands.Beijing Sanlitun, Chengdu Taikoo Li, and Shanghai Nanjing Road are all well -known domestic street shooting land. Here, street shooting filmmakers can often be seen.After completing the street shooting, they sometimes make editing of the works and upload it to social platforms to earn traffic and commercial income.These works are likely to infringe the right to portrait of others.
The Civil Code stipulates that civil subjects enjoy a series of rights, including a series of rights such as portrait rights, reputation, and privacy rights.The law stipulates that "natural people enjoy the right to portrait", "without the consent of the portrait of the portrait, the portrait of the right of the right of portrait is not allowed, except for the law.Published, copy, distribute, rent, exhibition, etc. to use or disclose portrait of portrait rights ".It is not difficult to see that the right to portrait is a common right of citizens. The portraits of others without authorization, use, and disclose others may constitute infringement.
Many photographers have cognitive misunderstandings. They feel that they will not infringe on public places when they are shooting or published in public. They are called "capture fashion" and "artistic creation".The willingness of the picker.However, not profitable does not represent non -infringement. The Civil Code deletes the requirements of the "profit -based" requirement of "profit -based".EssenceIt should be noted that the protection of the right to portrait of portrait is comprehensive. Whether it is early shooting or post -release, any link needs to obtain the consent of the subject first; otherwise, it may infringe the portrait rights of others.In other words, the right to portrait includes both the right to make portraits and the right to use portraits.In order to avoid the legal risks of street shooting, some photographers will ask the subject if the photographer can take pictures before shooting. At this time, the subject agreed, only to agree that the photographer made the right to make portraits.Agree with the photographer spread the relevant works on the Internet.In this case, if the photographer has further agreed, he will make short videos and upload it to social media, which may still constitute a portrait of portrait.The subject has the right to ask the photographer and the platform to delete the video and bear the corresponding legal responsibility.
There is a legal bottom line on street shooting. You cannot "shoot if you want to shoot", but not all street shots in public places are suspected of infringing the right to portrait of others. The law also stipulates the reasonable use of portrait rights.For example, the behavior of personal learning reports, implementation of news reports, implementation of news reports, national organs' performances, specific public environment display, and the use of portraits of public interests or the legitimate rights and interests of portraits of portraits can be used reasonably.Agree and will not constitute infringement.
For example, in some news reports of the media, the portraits of others are inevitably produced, used, and disclosed. From a legal perspective, it constitutes a reasonable use of portrait rights.For another example, some of the portrait of others in some criticism reports does not constitute infringement.
In life, when we take photos in tourist attractions and streets with large traffic flows, the "protagonist" of the photo is the environment of the attraction or relatives and friends."When everyone shared such a photo in the circle of friends, the portrait of the same frame should have an appropriate and tolerant obligation, and making such photos and sharing such photos will not constitute a portrait rights infringement.
In practice, some photographers will be named "Learning and Appreciation" when sharing photos, trying to avoid infringement liability.As everyone knows, the personal study, artistic appreciation, etc. of the law can only be used within the necessary scope, otherwise it is still suspected of infringement.The photos taken still have infringement.When some photographers posted street photos or videos online, they would put their faces on the "mosaic", thinking that this could avoid infringement liability.However, the law stipulated that "portrait is an external image that a specific natural person can be recognized by image, sculpture, painting and other methods", not just to refer to facial information.Therefore, technical treatment can avoid some legal risks, but if the street shooting works have captured the personalized details of the body, body, tattoos, and their clothing, some people can recognize specific people according to this, actorIt will still face the legal risk of infringement.Some photographers also stated in their social accounts that "if there is any infringement, you can delete it privately" to avoid legal risks. In fact, if the infringement of the photographer has occurred, it will not be because there is a paper statement.For exemption, the infringer still has to bear the corresponding legal liability.
Encountered or pointed out sneak shots, how to defend their rights?
China does not have a clear definition of street shots and sneak shots in law. The two are not legal terms in the strict sense, but a image expression in daily life.Whether it is street shooting or sneak shot, most of the fundamental violations are the privacy of the parties, and the privacy stipulated in the law is the privacy, privacy activities, privacy, privacy that each of us is "peaceful and unwilling to be known to others.information".
Sneak shot whether to violate the law and what kind of legal liability the law should be assumed depends on the purpose, means, content, and sneak shots of photos and videos.Now some street shooting has been biased by vulgar orientation. It is tending to sneak shots. It is free to shoot privacy parts. The "soft porn" photos, videos, and forums are sold publicly on the website and forum, and the black -gray industry chain is gradually formed.In addition, many sneak shots use pinhole cameras, cameras and other monitoring and photography equipment. With the consent of the parties, they took the private photos and videos of others.These sneak shots, according to the severity and consequences of their behavior, may bear civil liability, administrative responsibility, and even suspected criminal crimes.
From the perspective of civil law, sneak shots violate the right to portrait and privacy of the candid.Sneak shots, without the consent of others, openly disseminate, use portrait portraits, or infringe on others by means such as ugliness, dirty loss, and cause the portrait rights of others.The behavior of shooting and peeping at the privacy parts of others' bodies also invaded the privacy of others.
From the perspective of administrative laws, the Public Security Management Punishment Law stipulates that if the privacy of others is sneak, it will be detained for less than five days or 500 yuan (RMB, the same below, S $ 93).Detention for less than 500 yuan can be fined below the 10th.
From the perspective of criminal legal perspective, although sneak shots have not yet been directly stipulated by the criminal law as crime, but if a candid behavior invades the protection of criminal law, the perpetrator may be suspected of suspectedOther crimes: If you install a camera in hotels, other people's houses, etc., you may be suspected of illegally invasion of residential crimes and illegal use of eavesdropping, stealing dedicated equipment; if you take private photos of others in the toilet, bathroom, etc., Selling and spreading the crime of profitability of obscene items.
Recently, there have been many "sneak shots of oolong". In the face of the embarrassment of being accused of sneak shots and abnormalities, how should those who are wronged be rationally defended rights?If they are really sneak, how should the victim protect their legitimate rights and interests?
I think that when there is exact evidence or not, there is a need to defend their rights through legal and appropriate means.Reserved on -site evidence and reporting the police as soon as possible is the essence of the problem.
For the people, if someone is discovered on the spot that someone is sneaking in himself, the plot is slight, you can clearly request the other party to stop shooting and delete candid photos or videos; if the circumstances are bad, you shouldImmediately report to the police, and at the same time seek help from the on -site security personnel, and ask the public security organs to impose administrative penalties for sneak shots according to the circumstances of illegal circumstances; sneak shots constitute criminals shall be required to investigate their criminal responsibility.Of course, afterwards, they can also sue to the people's court to investigate the civil infringement liability of the sneak shot.
When defending rights, you need to note that even if you find that the other party is sneaking, it is not advisable to take the mobile phone forcibly and delete photos and videos.In this way, it may be being "proved first" to make rights protection into robbery. Second, the delete of photos and videos, which is equivalent to helping sneak shots destroy evidence, these will bring unnecessary trouble to themselves.
Those who are wronged in the "Oolong Sneak shot" incident can be confirmed to be innocent when they are present to ensure that their reputation is not infringed.If the other party forcibly checks his mobile phone, those who are wronged can also report the case to the public security organs to protect their legitimate rights and interests.If the other party is still framed after checking the situation, it can investigate its civil, administrative or criminal responsibilities according to the nature of their behavior.
Mastering legal knowledge, knowing the law and abiding by the law, and learning to use the law to protect their legitimate rights and interests, is an effective means to make a private life peaceful.When we are shooting, we must have the concept of protecting the right to portrait and privacy of others, and master the scale of the shooting; when we are filmed, we should know what rights we have, and to stop the improper shooting behavior of others in time.At the same time, the platform and related law enforcement agencies should be loyal to their duties, prevent and delete the infringing photos or videos in time to prevent the expansion of adverse effects.
We should also know that there must be a good way to defend rights. We must not be ignored or even infringe on the legitimate rights and interests of others when defending rights. We must persist in solving problems in the framework of the law.Understanding the Fa and keeping the heart, and the awe of the heart, is the best way to resolve disputes.
