Is it illegal to sneak shots of others and post them on social software?

Whether it is the protection of privacy in the Civil Code or the relevant provisions in the Law on the Protection of Personal Information, taking pictures of others without permission or even spreading pictures is a manifestation of infringing on others' privacy.

Legal basis:

Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for less than five days or fined less than five hundred yuan for any of the following acts; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:

Writing threatening letters or threatening the personal safety of others by other means;

Publicly insulting others or fabricating facts to slander others;

Fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;

Threatening, insulting, beating or retaliating against witnesses and their close relatives;

Sending obscene, insulting, threatening or other information for many times, which interferes with the normal life of others;

Peeping, taking photos, eavesdropping or spreading other people's privacy.

According to the provisions of the Civil Code, without the consent of the portrait owner, the portrait of the portrait owner shall not be made, used or made public, and the portrait owner (usually a photographer in the case of street shooting) shall not use or make public the portrait of the portrait owner by means of publication, reproduction, distribution, lease or exhibition.

With the rise of self-media and short video platforms, the phenomenon of "casual shooting" and street shooting has become extremely common in daily life. In the era when everyone is a "photographer", everyone may become a subject. The "photographer" only needs to zoom in and press the shutter, and the street shooting of a close-up of a character is completed. Among them, many photos were fixed in the photos without the photographer's consent, and then uploaded to the Internet.

And some people behind the camera have ulterior motives. Some network anchors take the initiative to chat up, ridicule and even spoof passers-by, and many photos and videos are posted online without the photographer's consent. It's hard to believe how many people in reality want to be noticed by the public.

What if I find myself being photographed in public?

Rights protection scheme 1:

According to the provisions of the Civil Law, if it is found that it may be infringed, it has the right to notify the network service providers of platforms such as Weibo, Xiaohongshu and Post Bar, and ask them to take necessary measures such as deleting, blocking and disconnecting links to avoid the expansion of infringement. After receiving the notice, the network service provider shall take necessary measures according to the preliminary evidence of infringement and the type of service; If necessary measures cannot be taken in time, they shall be jointly and severally liable for the expanded damage.

Right protection scheme 2:

Bring a lawsuit to court. According to the provisions of the Civil Procedure Law, a lawsuit brought for infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or the defendant's domicile. Tort generally includes the place where the infringement occurred and the place where the infringement result occurred. Then the infringed may bring a lawsuit to the people's court at his domicile (where the infringement result occurred) or at the domicile of the infringed (where the defendant lived).

According to the way of bearing civil liability stipulated in the Civil Code, the infringed can ask the photographer to stop the infringement; Eliminate influence and restore reputation; Apologize; Compensation for losses (which may involve compensation for mental damage or economic compensation for rights protection expenses).

Legal basis: Paragraph 1 of Article 110 of the Civil Code of People's Republic of China (PRC) stipulates that natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.