What is the legal responsibility for taking candid photos?
1. Stealing photos that infringe others' privacy, portrait and reputation rights may lead to administrative, civil and even criminal responsibilities.
2. The Law on Public Security Administration Punishment stipulates that the act of violating privacy can be punished by administrative punishment of detention or fine. In terms of civil liability, the photographer needs to stop the infringement and compensate for the losses.
3. In terms of criminal responsibility, the criminal law clearly stipulates that insulting or slandering others, if the circumstances are serious, can be sentenced to fixed-term imprisonment and other penalties.
Is the sneak shot infringing?
1. sneak shots, that is, secretly shooting without the consent of others, not only infringe on personal privacy, but also may involve infringement of the right to portrait and reputation.
2. The private information released by the photographer, especially the private content beyond the public domain, constitutes infringement without permission.
3. In addition, even if it is a private portrait sneak shot, if it is used without consent, it also violates the right of portrait. If the content of the sneak shot is used to defame the reputation of others, such as posting it on social platforms, it also violates the right of personal reputation.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 10 19 of the Civil Code
No organization or individual may use information technology to deface, deface or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law.
Forty-second "People's Republic of China (PRC) Public Security Management Punishment Law"
One of the following acts shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.