Does littering and taking pictures violate the right to portrait?

Legal analysis: not necessarily. Strictly speaking, in photography activities, as long as one of the following circumstances exists, it can be considered as infringement of the portrait rights of others.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1020th The following acts can be carried out reasonably without the consent of the portrait owner:

(1) Using the public portrait of the portrait holder within the necessary scope of personal study, art appreciation, classroom teaching or scientific research;

(2) Inevitably making, using and publicizing the portrait of the portrait holder for the purpose of news reporting;

(three) the state organs to perform their duties according to law, within the necessary scope to make, use and publicize the portrait of the obligee;

(4) Inevitably making, using or making public the portrait of the obligee in order to show the specific public environment;

(5) other acts of making, using or publicizing portraits of portrait owners in order to safeguard public interests or the legitimate rights and interests of portrait owners.

Article 102 If the parties have disputes about the understanding of the terms of portrait use in the license contract for portrait use, they shall make an explanation in favor of the owner of the portrait.

Article 1022 If the parties have not agreed or clearly agreed on the license period for portrait use, either party may terminate the license contract for portrait use at any time, but it shall notify the other party before a reasonable period.