There is an old saying: "If you want to wear a crown, you must bear its weight first."
The glamorous stars in the eyes of the public also bear a lot of troubles.
The phone leaked from Ebo, Lai Kuanlin was followed, Xuanyi was knocked at the hotel door, and Yang Rong was photographed at home. ...
In today's information explosion, the privacy of stars seems to be less and less.
Gossip is human nature, and the private life of stars has always been a pastime for people who eat melons after meals.
Therefore, some people were born to take pictures privately.
But in fact, this kind of sneak shot is illegal!
So, what legal responsibilities do you have to bear for taking candid photos in China?
What is the legal responsibility for taking candid photos?
Natural persons have the right to privacy.
No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public.
Otherwise, we must bear the corresponding responsibility!
Free consultation-legal aid-pro-French, your lawyer friend.
0 1
administrative responsibility
Peeping, photographing, eavesdropping and spreading others' privacy are all violations of personal rights.
Violation of public security regulations!
If the circumstances are serious, he shall be detained for 5- 10, and may be fined up to 500 yuan.
Article 42 of the Public Security Administration Punishment Law
Peeping, taking photos, eavesdropping and spreading others' privacy are violations of personal rights, and they shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.
02
civil liability
Anyone who infringes upon privacy and other civil rights and interests shall bear tort liability.
You can demand to stop the infringement, remove the obstruction, compensate for the loss, apologize, eliminate the influence, restore the reputation, etc.
Article 2 and 15 of Tort Liability Law
Infringement of privacy and other civil rights and interests shall bear tort liability; The main ways to bear the responsibility are to stop the infringement, remove the obstruction, compensate the losses, apologize, eliminate the influence and restore the reputation.
How to protect rights when encountering candid photos?
Stealing pictures is not just something that happens to stars.
In our daily life, hotels, subways, dressing rooms, bathrooms and even rental houses may be photographed!
Being photographed is not far away from us!
If you find yourself being photographed, how can you protect yourself with legal weapons and let the photographer be punished?
First: call the police.
In the case of safety, calling the police is the first choice and requesting the public security organ to handle it.
Second: Collect relevant evidence.
Take photos, videos or recordings for evidence collection, and ask the other party to delete photos after evidence collection.
Third: demand to stop the infringement
If photos and videos have been spread online, you can ask the network operator to stop the infringement, delete relevant content and apologize after obtaining the certificate.
Fourth: bring a lawsuit to the court.
Bring a lawsuit to the court, demanding that the photographer be held accountable and compensate the infringer.