If it is not used for profit, it is not illegal.

Article 100 of the "General Principles of the People's Republic of China and the Civil Law" stipulates: Citizens enjoy the right of portrait, and citizens' portraits may not be used for profit without their consent.

Article 120 of the "General Principles of the People's Republic of China and Civil Law" stipulates: If a citizen's right to name, portrait, reputation, or honor is infringed, he or she has the right to demand that the infringement be stopped and that the right to be restored be restored. reputation, eliminate the impact, apologize, and can claim compensation for losses.

Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the "General Principles of the People's Republic of China and Civil Law":

1. Misappropriation, impersonation of another person's name, by letter, telegram, etc. If the infringer deceives or fools others and damages their property or reputation, the infringer shall bear civil liability.

2. If a citizen’s right to name, portrait, reputation, or honor, or a legal person’s right to name, reputation, or honor is infringed upon, and a citizen or legal person demands compensation for losses, the People’s Court may, based on the infringer’s The liability for compensation shall be determined based on the degree of fault, the specific circumstances, consequences and impact of the infringement.

3. If the infringer makes a profit by infringing upon another person's right of name, title, portrait, reputation, or honor, the infringer shall confiscate his illegal gains in addition to compensating the victim for losses in accordance with the law.

4. For the purpose of profit, the use of a citizen’s portrait for advertising, trademarking, window decoration, etc. without the citizen’s consent shall be deemed as an infringement of the citizen’s portrait rights.

Additional note: It depends on the nature of the publication in the magazine. If it is a general factual report, it is not considered an abuse of power. If it is a report that distorts the facts, it will be regarded as an abuse of power.

As for the issue of profit, since reporters are not the beneficiaries of profit from reports or news, they cannot constitute the subject of power. The magazine or newspaper company or editorial department where the reporter works should be responsible for the reporter's behavior.

Extended information:

Principles for determining that portrait rights have been infringed:

There are certain principles for determining that portrait rights have been infringed. According to the General Principles of Chinese Civil Law, as long as the following three requirements are met, civil liability for infringement of portrait rights can be determined:

1. There is a fact of damage. For example, after the subject's portrait rights are infringed, the victim's reputation, status, and identity are hit, causing mental pain. This is mainly reflected in the reduction of the possibility of the portrait rights holder to obtain property benefits from his or her portrait. This includes direct and indirect losses, including mental damage and material damage.

2. The infringer is subjectively at fault (this includes intentionality and negligence). That is to say, if there are indeed behaviors prohibited by laws and regulations in photography activities, and if the portrait rights of others are illegally infringed, it can be deemed to be at fault.

3. There is a causal relationship between the fact of damage and the infringement. This causal relationship must be the intrinsic, essential, and inevitable connection between the photographer's behavior and the damage results.

Reference materials:

Baidu Encyclopedia-Portrait Rights