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Does taking photos of others and posting them on Weibo involve infringement?

Taking photos of others and posting them on Weibo may involve infringement. It needs to be analyzed based on the specific situation. It may involve privacy rights, portrait rights, and reputation rights.

1. Right to privacy

The first is the right to privacy. The right to privacy is a civil right belonging to natural persons clearly listed in my country's Tort Liability Law and the newly promulgated and implemented General Principles of the Civil Law, and is protected by law.

A natural person’s right to privacy covers a wide range of content, such as a natural person’s name, address, phone number, personal physical characteristics, image, etc., which no other person can spy on, disclose, or disclose without permission. spread.

Also, the personal activities of natural persons, especially those in residences, cannot be monitored or spied on, and others cannot take pictures or videos (except, of course, those who are legally under residential surveillance for suspected crimes).

If you shoot without the consent of the person being photographed and disseminate private information beyond the public domain on the Internet, it will indeed constitute an infringement of other people's privacy rights.

2. Portrait rights

The second is the right of portrait. Citizens enjoy the right to portrait, and citizens' portraits may not be used for profit-making purposes without their consent. Whether a pure portrait shooting that does not involve privacy infringes upon a citizen's portrait rights also needs to be considered based on factors such as whether the portrait is used with the consent of the individual and whether the portrait is used for profit.

3. Right of reputation

The third is the right of reputation. Online reputation infringement refers to the perpetrator deliberately using means such as satire, abuse, or fabricating facts on the Internet to publish information, follow Posting messages or comments or other methods to slander the reputation of others, reduce the moral character of others, cause serious consequences and should bear civil liability.

So by posting other people’s photos on various forums, Weibo, WeChat Moments and other public platforms, it is possible to cause "wars of abuse", "wars of words" and other mutual abuse, satire and other behaviors. constitutes an infringement of the reputational rights of others.

Extended information:

Article 2 of the Tort Liability Law: Anyone who infringes upon civil rights and interests shall bear tort liability in accordance with this law.

The civil rights and interests referred to in this law include the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufruct rights, and guarantees Personal and property rights such as property rights, copyrights, patent rights, trademark exclusive rights, discovery rights, equity rights, inheritance rights, etc.

Article 15 The main ways to bear infringement liability are:

(1) Stop the infringement

(2) Eliminate obstruction

(3) Eliminate danger

(4) Return property

(5) Restoration to original condition

(6) Compensate for losses

(7) ) Make an apology

(8) Eliminate the impact and restore reputation.

The above methods of bearing infringement liability can be applied individually or in combination.

Article 42 of the "Law of the People's Republic of China on Public Security Administration Punishments": Anyone who commits any of the following acts shall be detained for not more than 5 days or fined not more than 500 yuan; if the circumstances are more serious, he shall be fined not more than 500 yuan. Detention for not less than 5 days but not more than 10 days may also result in a fine of not more than 500 yuan:

(1) Writing threatening letters or threatening the personal safety of others in other ways;

(2) Blatantly Insulting others or fabricating facts to slander others;

(3) Fabricating facts to frame others in an attempt to subject others to criminal prosecution or public security management penalties;

(4) Harming witnesses and their close relatives to threaten, insult, beat or retaliate;

(5) Send obscene, insulting, intimidating or other messages multiple times to interfere with the normal life of others;

(6) Peeping, filming, eavesdropping, or disseminating other people's privacy.

Reference materials: Baidu Encyclopedia - Tort Liability Law of the People's Republic of China

Reference materials: Baidu Encyclopedia - Portrait Rights

Reference materials: Baidu Encyclopedia -Public Security Administration Punishment Law of the People's Republic of China