I. Right to privacy
The first is the right to privacy. The right to privacy is a civil right of natural persons clearly listed in China's Tort Liability Law and the newly promulgated General Principles of Civil Law, which is protected by law.
The right to privacy of natural persons includes a wide range of contents, such as name, address, telephone number, personal physical characteristics, image and so on. No one may spy, disclose or spread the privacy of a natural person without permission.
There are also personal activities of natural persons, especially those in the house, which cannot be monitored, peeped or photographed or videotaped by others (except, of course, those who are under surveillance for suspected crimes according to law).
If you shoot without the permission of the photographer, spreading private information beyond the public domain on the Internet will indeed constitute an invasion of others' privacy.
Second, the right to portrait.
The second is the right to portrait. Citizens have the right to portrait, and their portraits shall not be used for profit without their consent. Whether the pure portrait shooting behavior that does not involve privacy infringes on citizens' portrait rights needs to be considered according to factors such as whether the portrait is used for profit with my consent.
Third, the right of reputation.
The third is the right of reputation. Infringement of network reputation refers to the behavior that the actor intentionally uses satire, abuse or fabricating facts on the Internet to discredit others and reduce their moral quality by publishing information, comments or comments, resulting in serious consequences, and should bear civil liability.
Therefore, posting other people's photos on various forums, Weibo, WeChat friends circle and other public platforms may infringe on others' reputation rights, and may lead to mutual abuse and satire, such as "war of abuse" and "war of words".
Extended data:
Article 2 of the Tort Liability Law infringes upon civil rights and interests and shall bear tort liability in accordance with this Law.
The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
Fifteenth ways to bear tort liability are:
(1) Stop the infringement.
(2) Remove obstacles
(3) eliminate the danger
(4) Return property
5] Restore to the original state.
(6) Compensation for losses
(7) apologize
(eight) to eliminate the influence and restore the reputation.
The above tort liability methods can be applied separately or in combination.
Article 42 of the People's Republic of China (PRC) Public Security Administration 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.
References:
Baidu Encyclopedia-People's Republic of China (PRC) Tort Liability Law
References:
Baidu encyclopedia-portrait right
References:
Baidu Encyclopedia-People's Republic of China (PRC) and Public Security Administration Punishment Law