Traditional Culture Encyclopedia - Photography and portraiture - Is it illegal to take pictures of others naked?

Is it illegal to take pictures of others naked?

Stealing nude photos of others is not a crime, but it is illegal. It is illegal to just sneak a photo, but it is a crime to spread it online or to buy or sell it or blackmail it. Civil liability is the loss of reputation right, which can be claimed; Widely spread, if the circumstances are serious, may constitute an insult, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined.

Legal analysis

Infringement of privacy and other civil rights and interests shall bear tort liability; The main ways to bear the responsibility are to stop the infringement, remove the obstruction, compensate the losses, apologize, eliminate the influence and restore the reputation. Peeping, stealing, eavesdropping and spreading others' privacy are violations of personal rights; Be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan. Whether you are photographed in public or private, the other party will post the video or photos online. If you think that the photographer's behavior involves a criminal offence, you can call the police. If it does not constitute a criminal offence, a civil lawsuit will be filed with the court, requiring the publisher to delete the video, apologize or even compensate for economic losses. Before being sued, the photographed person suggested that the infringing content and information spread on the Internet should be notarized and preserved. Then ask the publisher to delete, or notify the webmaster to delete. If the website (network service provider) fails to take necessary measures, such as censorship obligations or deleting bad information, the photographer has the right to ask the website (network service provider) and network users to bear joint responsibility. Where there are other provisions in the law, those provisions shall prevail.

legal ground

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:

(1) writing threatening letters or threatening the personal safety of others by other means;

(2) publicly insulting others or fabricating facts to slander others;

(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;

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

(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;

(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.