Lies over to claim that his wife’s date of dating overtime has been violated

Ah Hang (a pseudonym) has encountered an annoyance recently: he took a picture in a public place and uploaded it online. The result was recognized by the party. The other party claimed that privacy was violated and he was to come and tell him. Fearing that he was in trouble with the lawsuit, he consulted the morning newspaper's legal advisor. Will his actions violate the privacy of others?

Event: Shooting Zhang Zhaochuan on the Internet causes trouble

Like many photographers nowadays, Ah Hang likes to bring his beloved camera with him when he is in his spare time. He goes out for a trip or goes to the street to take pictures. Once he comes and goes, he has accumulated a lot of photos. These photographs have various themes. Ahang often uploads photos to the internet for users to enjoy reviews.

Unexpectedly, one of the photos caused him trouble. This picture is taken from a square with a silhouette of a man on the photo. After the photographs spread across the network, the man found Ahang and claimed that he had violated his privacy.

Behind: Men's Dating Exposure Says Invaded Privacy

The man said that he told his wife that he was going to work overtime that day and was actually dating someone else. When the wife saw the photo, he decided that he was lying and the two were making a big deal. "If you weren't you, my wife couldn't find what I was dating someone else that day. You invaded my privacy." The man said he wanted to report to Ahang.

Ahang has a stomach aggrieved. He said that he had inadvertently photographed, not intentionally, and in public places, how did he infringe on that man's privacy? It is not for the purpose of profit, but for the purpose of admiring the photos on the Internet. He consulted a lawyer and took photos in public places. Will he infringe the rights of others? When taking photos in public places, what problems should be noticed?

Lawyer

Posting photos is not a public interest

Therefore, the photographer is suspected of invading privacy.

Shi Yangxi: Citizen’s portrait rights and privacy rights are the scope of rights protected in the Tort Liability Act in China. Portrait rights are the rights of natural persons to reproduce, use, or license their own portraits, while privacy rights are Refers to a personal right that is enjoyed by natural persons to control their personal, personal information, private activities, and the private sector that are not related to public interests.

In this case, if the average person recognizes the man by photograph, although the photographer is not for profit, it is not appropriate to publish it without the man’s consent. Whether or not the privacy right has been violated is whether the photo reveals the area of ​​the man’s personal activity. If there is nothing other than a silhouette, it does not constitute an invasion of privacy; if the photo is a complete reproduction of the man’s Behavior, then constitutes a violation of privacy. Afterwards, the premise of disclaimer of portrait rights and privacy rights is the need of “public interest”, but the public interest should be limited to national interests and social interests. In this case, although the shooting was in public places, the purpose of releasing photos was not Any public interest can be said.

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