In many forums and post bars
, similar help posts are not uncommon. In recent years, with the rapid development of network and video technology, the camera originally used to increase security is often used by some lawless elements and becomes a tool to peek at personal privacy.
Netizen asked:
How should we protect our rights and interests when we encounter candid photos?
Lawyer Huang Dianxin of Beijing Menghe Law Firm answered:
First, if you are being photographed, you can clearly state your attitude and ask the photographed party to stop taking pictures and delete the previous photos or videos. If the photographed party refuses to take pictures, you can choose to call the police directly.
Secondly, if you find that your behavior has reached the later stage, you can safeguard your legitimate rights and interests through legal procedures.
The penalties for those who take candid photos are as follows:
1. Administrative penalties
For those who generally disturb social order and fail to meet the standards for filing a criminal case, the public security organs will mainly punish them according to the Law of the People's Republic of China on Public Security Administration Punishment. Article 42 of China's "Public Security Administration Punishment Law" stipulates that anyone who peeks, shoots secretly, eavesdrops or spreads others' privacy shall be detained for less than five days or fined less than 5 yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may also be fined up to five hundred yuan. Therefore, when encountering the harassment of others, it is the most appropriate choice to call the police at the first time, and at the same time, it can prevent further infringement.
II. Civil Claims
The right to privacy is a kind of personality right that a natural person enjoys the peace of private life and private information is protected by law, free from illegal intrusion by others, knowing, collecting, using and making public. Articles 132 and 133 of China's Civil Law clearly stipulate the protection of privacy. Unless otherwise stipulated by law or expressly agreed by the obligee, no organization or individual may photograph or peek at the private parts of others' bodies. Where the right to privacy is infringed, the infringer may be required to bear civil liabilities such as stopping the infringement, removing obstacles, compensating losses, apologizing, eliminating the influence and restoring reputation.
iii. criminal punishment
if the actor's behavior has seriously violated the legitimate rights and interests of the parties and violated the criminal law, he needs to bear the corresponding criminal responsibility. For example, spreading other people's private videos may violate Article 364 of the Criminal Law and be suspected of spreading obscene articles. If you publish other people's pictures and commit insults and libels, according to the provisions of Article 246 of the Criminal Law of our country, you are suspected of insulting and libel, and you should be investigated for criminal responsibility according to law.
Lawyer Huang Dianxin explains the law:
Article 132 of the People's Republic of China stipulates that natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by snooping, invading, disclosing or making public.
Privacy refers to the peace of natural person's private life and the private space, private activities and private information that others don't want to know.
Article 13 Except as otherwise provided by law or with the express consent of the obligee, no organization or individual may commit the following acts:
(1) Invading the peace of others' private life by means of telephone, short message, instant messaging tools, e-mail, leaflets, etc.
(2) entering private spaces such as residences and hotel rooms to shoot or spy.
(3) filming, peeping, eavesdropping or making public other people's private activities;
(4) shooting and peeping at the private parts of other people's bodies;
(5) handling other people's private information;
(6) Infringe upon the privacy of others in other ways.
article 364 of the criminal law stipulates that whoever disseminates obscene books, periodicals, films, audio-visual images, pictures or other obscene articles, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.