Is it illegal to post photos online without the person's consent?

Portrait right is a kind of personality that a natural person enjoys based on the personal interests reflected in his or her own portrait. right. Works that use photography or plastic arts to reflect the image of a natural person, including facial features.

Portrait right is a type of personality right, which is a natural person’s right to create and use portraits. Legal portraits are an integral part of a natural person's personality, and the spiritual characteristics embodied in the portrait can, to some extent, transform or derive citizens' material interests. The law protects the portraits of citizens on the basis that the portraits reflect the citizens’ spiritual interests and personality interests in many aspects. According to the provisions of the People's Republic of China on the right of portrait, the right of portrait is the basic right of citizens. No one may use or insult his or her portrait without the consent of the individual. The police reserve the right of use. If the victim's portrait is used without permission, you can negotiate first. If you refuse to cancel it, you can sue in accordance with the law, apply for judicial protection, and safeguard your legal rights. If you post photos to forums without your consent, what is the law in China that prohibits posting photos? Posted online without my consent?

Relevant provisions of current laws

Article 100 of my country's "General Principles of Civil Law" stipulates that "citizens enjoy the right of portrait, and citizens' portraits may not be used for profit without their consent." "It can be seen that to constitute an infringement of a citizen's right to portrait, two elements should usually be met: first, without the person's consent; second, for the purpose of profit. Common infringements on citizens’ portrait rights include using other people’s portraits for commercial advertising, product decoration, book covers, and printed calendars for profit-making purposes without the consent of the individual. For infringement of portrait rights, the victim can stop it on his own, such as requesting the surrender of the film taken, removing the public display of the portrait, etc. The victim can also request the offender to stop the infringement, eliminate obstacles, eliminate the impact, or compensate for losses according to the law. The right to claim compensation for losses does not require property damage.

Other laws and judicial interpretations also make some corresponding provisions on the infringement of portrait rights. Article 139 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the "General Principles of Civil Law" stipulates: For the purpose of profit, without the consent of citizens Using his or her portrait for advertisements, trademarks, window decorations, etc. should be considered an infringement of a citizen's portrait rights.

Article 25 of the "Advertising Law of the People's Republic of China" stipulates that advertisers or advertising operators who use the name or image of others in advertisements must obtain the written consent of others in advance; the use is not civil. If the name or image of a person with capacity for civil conduct or a person with limited capacity for civil conduct is changed, the written consent of his or her guardian must be obtained in advance.

According to the above standards, under normal circumstances, as long as the portrait is used for profit without the consent of the portrait rights holder, it will constitute infringement. Is it illegal to use photos and text on WeChat to infringe on people without their consent?

In theory, it is an infringement.

Good luck. Is it illegal to go through your own locker without your consent?

Of course it is.

1. In terms of nature, it violates your personal privacy rights;

2. Depending on the seriousness of the case, you can ask the other party to bear corresponding responsibilities. .

For example: stop the infringement; remove obstacles; eliminate danger; compensate for losses; eliminate influence, restore reputation; apologize, etc. The above methods of bearing civil liability can be applied individually or in combination. When hearing civil cases, the People's Court, in addition to applying the above provisions, may also issue admonitions, order a statement of repentance, etc. Is it illegal to upload photos of myself to Weibo without my consent but without verbally abusing me?

Is it considered an illegal act? You can sue in court

1. A portrait is an artistic reproduction of the appearance of a natural person.

2. Portraits have the attributes of objects.

3. Portrait is the object of portrait rights and expresses the unique personality interests of natural persons.

4. Citizens enjoy the right of portrait, and citizens’ portraits may not be used for profit-making purposes without their consent.

5. If a citizen's right to name, portrait, reputation, or honor has been infringed upon, he or she has the right to demand an end to the infringement, restore reputation, eliminate the impact, apologize, and demand compensation for losses.

Is it illegal to sell real-life photos of players in the game without their consent?

If he doesn’t pursue the case, no one will come to trouble you. If he sues you and says that you have infringed on his portrait rights, you will It's against the law, so to avoid future trouble, it's better not to use it. Is it an infringement to send a photo to a WeChat Moments without my consent?

Whether a photo is infringement to a WeChat Moment without my consent depends on the specific circumstances.

Based on laws and judicial interpretations. For the purpose of profit, the use of a citizen's portrait for advertisements, trademarks, window decoration, etc. without the citizen's consent shall be deemed as an infringement of the citizen's portrait rights.

In addition, if a citizen's portrait is maliciously damaged, tarnished, or vilified, or a citizen's portrait is used for personal attack, it is also an infringement of portrait rights.

The following are judicial interpretations and legal provisions.

1. Article 139 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the "General Principles of the Civil Law" stipulates: For the purpose of profit, the use of a citizen's portrait for advertisements, trademarks, window decoration, etc. without the consent shall be punished Determined as an infringement of citizens’ portrait rights. In addition, maliciously damaging, tarnishing, or besmirching a citizen's portrait, or using a citizen's portrait to carry out personal attacks, etc., is also an infringement of portrait rights.

2. "General Principles of the People's Republic of China and the Civil Law"

Article 100 Citizens enjoy the right of portrait, and citizens' portraits may not be used for profit without their consent. . Is it illegal to post photos to a group without my consent?

The nature of this matter is an infringement of portrait rights. As far as the matter itself is concerned, it is just inappropriate behavior due to the minor circumstances. But if someone uses it to cause adverse consequences and is prosecuted, you will bear certain responsibilities (of course, the main responsibility lies with the person who used it).