Traditional Culture Encyclopedia - Photography major - Is it illegal to film someone else's trembling voice?

Is it illegal to film someone else's trembling voice?

Break the law. It is illegal for Tik Tok to shoot others and post them online. It is an act of infringing on the portrait right or privacy right of others. Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.

Portrait refers to the external image of a specific natural person that can be recognized on a certain carrier by means of images, sculptures and paintings.

Shooting the trembling sound of others violates the right to portrait of others. At this point, the victim has the right to ask the infringer to stop the infringement, restore his reputation, eliminate the influence, apologize and demand compensation for the losses. If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 10 18

Natural persons have the right to portrait, and have the right to make, use, make public or permit others to use their own portraits according to law.

Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc.

Article 10 19

No organization or individual may use information technology to deface, deface or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law.

Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.