Is it illegal to disclose WeChat chat records? (Are WeChat chat records legal?)

Now that the Internet interactive media is highly developed

We can often see screenshots of various chat records on platforms such as Weibo or Moments

>

And triggered a large number of netizens to leave messages and discuss

This also reminds us

In recent years, such as

chat records and phone recordings

Wait

It is possible that you may become a "sharp sword" in the hands of someone with good intentions without your knowledge

Internet breaking information Emerging in endlessly

Protecting online privacy is unstoppable

So

What are the infringements?

Where are the boundaries?

How should we protect our rights rationally?

For your own network information security

This article

"Internet Surfing Safety Guide"

Be sure to read it!

Is it illegal to share chat history?

Case 1 Huang is a student at a college in Hubei Province and met Liu through Baidu Tieba. On a certain day in June 2019, Liu posted photos of Huang and vulgar remarks related to Huang on Baidu Tieba, a college bar in Hubei. On the day of posting, Liu negotiated with Huang through QQ private chat and made unreasonable demands on Huang. After being rejected by Huang, Liu exposed the chat records, QQ, phone number, and name. For this reason, Huang sued the court and requested that Liu immediately stop his reputation infringement, apologize in writing, eliminate the impact, restore his reputation, and requested compensation of 88,000 yuan for mental losses. After trial, the court held that Liu's behavior violated relevant legal provisions and constituted an infringement of reputation rights and privacy rights.

Although Tieba is an online virtual space

but it is not a place outside the law

Publishing other people’s privacy and threatening blackmail

Obviously infringement Behavior

Legal Popularization Tips

Article 1033 of the "People's Republic of China and Civil Code":

Unless otherwise provided by law Unless otherwise expressly agreed by the right holder, no organization or individual may commit the following acts:

Intrusion into the privacy and peace of others through phone calls, text messages, instant messaging tools, emails, leaflets, etc.;

< p>Enter, photograph, and peek into other people's homes, hotel rooms and other private spaces;

Photograph, peek at, eavesdrop on, and disclose other people's private activities;

Photograph and peek into the privacy of other people's bodies parts;

Process other people’s private information;

Infringe on other people’s privacy rights in other ways.

Friends, please remember

If you find that your private information has been stolen

Your reputation and interests have been violated

Don’t panic

Rather

take up legal weapons

Bravely safeguard your own rights

Your "definition of privacy" Has the right been recognized by law?

Case 2 In April 2019, Mr. Zhao and Ms. Ding met. The relationship was confirmed in the same year. In August of the same year, Ms. Ding discovered that Mr. Zhao was married. Mr. Zhao said that he and his wife were planning to divorce, and Ms. Ding believed it. At the beginning of 2020, Ms. Ding was hospitalized for surgery due to pregnancy. Mr. Zhao wanted to break up with Ms. Ding and promised to compensate her 1 million yuan and issue an IOU. Because Ms. Ding had not received the compensation, she became angry and went to Mr. Zhao's company and posted the IOU and their WeChat chat records on the glass of his company. Mr. Zhao believed that Ms. Ding’s behavior violated his right to reputation and privacy, and demanded compensation from Ms. Ding. The court held that Mr. Zhao was married but sought friends online and had an improper relationship with Ms. Ding, which violated the spousal loyalty obligation, violated social order and good customs, and harmed the interests of social groups. Therefore, Mr. Zhao’s privacy rights should be protected. There are restrictions.

Friends may ask

Ms. Ding’s behavior

Why does it not constitute an invasion of privacy?

Here we remind everyone

Legal protection is not absolute and unconditional

It is “thresholded”

Such things as this have a negative impact on society Incidents with negative impact

The law will only provide limited protection

Tips for legal education

Article 1 of the "People's Liberation Army and Civil Code of the People's Republic of China" Eight provisions:

Civil subjects engaged in civil activities must not violate the law or violate public order and good customs.

Article 1036 of the Civil Code: Where personal information is processed under any of the following circumstances, the perpetrator shall not bear civil liability:

With the consent of the natural person or his guardian Acts reasonably performed within the scope;

Reasonably process information disclosed by the natural person himself or other information that has been legally disclosed, except where the natural person explicitly refuses or the processing of the information infringes upon his or her major interests;

Other actions reasonably performed to safeguard public interests or the legitimate rights and interests of the natural person.

Friends, please remember

Legal boundaries are irreversible

It is not advisable to test the law by oneself

It is up to you to protect your rights and interests

Don’t be casual about audio and video recording, and be careful when choosing the occasion

Case 3 days ago, the Xishan District People’s Court of Kunming City mediated a private loan dispute case. The plaintiff Chen said that he had asked the defendants Chen and Yin a lot. During the court mediation process, Yin was worried that the judge would be biased towards Chen, so he recorded the audio despite being dissuaded and printed it into written material a few days later, which was discovered by the judge. The court held that during the mediation process, Yin used his mobile phone to record the mediation process privately without the permission of the court judge, and copied the recordings into CDs and compiled them into written materials, which violated relevant legal provisions and should be punished. Considering that Yin was able to realize the illegality of his behavior and expressed his willingness to abide by the law in future proceedings, the court decided to fine Yin 5,000 yuan.

We need to know

There is a big taboo in the court mediation process

Without permission

No audio, video or photography is allowed

If there is a need for audio and video recording

You need to apply in advance and get permission from the court

Tips for legal education

Article 17 of the "Court Rules of the People's Court of the People's Republic of China"

: All personnel are not allowed to record, videotape, take photos or use mobile communication tools during court hearings. etc. to disseminate court hearing activities; media reporters are permitted to carry out the behaviors specified in Paragraph 4, but they should be carried out at the designated time and area and must not affect or interfere with court hearing activities.

_Suggestions

1. The Internet is not illegal, so be careful in your words and deeds

In the "Internet" era, although Tieba and other online virtual spaces are not It is not a place outside the law. Citizens also need to abide by the country's laws and regulations in online spaces such as Tieba, Moments, and Weibo, and cannot do whatever they want without restraint. Anyone who uses the Internet as a means to disseminate or publish other people's private materials or publicize other people's privacy in written or oral form, causing damage to other people's reputations, constitutes an infringement of reputation rights, and should bear corresponding legal liability.

2. Three elements of infringement, if you encounter such a situation, seek help

Intentional or negligent disclosure of other people’s privacy

Privacy infringement requires that the perpetrator has subjective fault, and the infringement The size of a person's subjective fault will also affect the size of tort liability.

Carrying out illegal acts of disclosing other people's privacy

Behaviors that infringe on other people's privacy rights mainly include intrusion, monitoring, surveillance, spying, search, interference, disclosure, publicity, etc.

Damage has occurred and is causally related to the illegal act

Damage is the result of tortious behavior, and its main manifestations are property loss, damage to personal interests and mental damage. However, it should also be noted that liability for damages or other tort liability also requires a causal relationship between the damage result and the illegal act, that is, whether the exposure behavior resulted in the "spillover" of the rights holder's self-controlled information and the intrusion into the private life. If If the causal relationship is established, then the person who exposed the case should be liable for infringement damages.

3. There is a "threshold" for legal protection, and legitimate rights and interests are protected

The protection of privacy in our country's laws generally requires that the right to privacy be legal and must not harm the interests of the public. Shall not violate public order and good customs. The legal protection of privacy rights is not absolute and unconditional protection, but has certain limits and boundaries. Therefore, not all "privacy" and "private matters" deserve legal protection.

Walking with the code in hand, I am the best at defending rights

Cyberspace is our *** home

Remember to live in harmony among "neighbors"!