Legal basis:
According to Article 100 of the General Principles of Civil Law, "Citizens have the right to portrait, and their portraits shall not be used for profit without their consent." It can be seen that the behavior that constitutes a violation of citizens' portrait rights usually has two elements: without their consent; For the purpose of making profits. The common infringement of citizens' portrait rights is mainly the use of other people's portraits in commercial advertisements, commodity decoration, book covers, printed calendars, etc. without their consent. The victim can stop the infringement of portrait rights by himself, for example, demanding to hand over the film he shot and removing the portrait from public display. You can also request the actor to stop the infringement, remove the obstruction, eliminate the influence or compensate for the losses according to law. The right to claim damages does not require property damage.
According to article 139 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of General Principles of Civil Law, citizen portraits are used in advertisements, trademarks, window decorations, etc. For the purpose of making profits without the consent of citizens, it should be regarded as an act of infringing on citizens' portrait rights. In addition, maliciously damage, deface, and vilify citizen portraits, or use citizen portraits for personal attacks. , also belongs to the infringement of portrait rights.
The above is aimed at "Is it illegal for Tik Tok to send private photos of others?" And "how should I judge?" I hope it helps you.