Fa is by your side | Use other people's photos to create online rumors, infringe the right to portrait?

▲ Fa is the twelfth episode by you

Case introduction

Female neighbor: Mother Xia Xia, go out?

Mother Xia Xia: Yes, go out to do something.

Female neighbor: Your Xia Xia is now famous, do you know?

Mother Xia Xia: What is the name? Why don't I know?

Female neighbor: You see if this is your baby girl.

Mother Xia Xia: This is Xia Xia's artistic photo, which I sent online before. That's right! Alas, how did I make my child make money as a model?

Female neighbor: The neighbor of the community felt familiar to me. I saw that it was your Xia Xia at first glance, and quickly contact the platform to delete it.

Mother Xia Xia: Now these people on the Internet are too much. They make rumors and make rumors. I will complain about them now.

Xia Xia's mother immediately contacted the postman's account number and related network platforms, asking the postmoder to delete and publicly apologize. Will the law support her request?

Expert Reviews

Gao Yanzhu, senior judge of the Supreme People's Court People's Court

The law will support the requirements of Xia Xia's mother, and to create rumors on the Internet to infringe on the right to portraits of others, the right to assume corresponding civil liability. According to Article 1099 of the Civil Code, the portraits of others shall not be produced, used, or disclosed without the consent of the parties. In this case, the perpetrator did not undergo the consent of the guardian of Xia Xia. On the released Weibo, he used photos containing Xia Xia's clear facial features and physical characteristics. Most people could recognize the children in the photo. Use her to make money. Obviously, this behavior infringed the right to portrait of Xia Xia. As a guardian, Xia Xia's mother had the right to ask the actor to delete posts and apologize. According to Article 1,183 of the Civil Code, if Xia Xia's spirit is severely damaged, the perpetrator can also request the actor to compensate his mental loss. Only in this way can we fight online rumors and purify the network environment.

Correlation

"People's Republic of China"

Article 109 Any organization or individual shall infringe on the right to portrait of others with ugliness or dirty damage, or use information technology. Without the consent of the portrait of the portrait, the portrait of the right of the right of portraits shall not be produced, used, or disclosed, except for the law.

Without the consent of the portrait of the portrait, the right holders of portrait works shall not use or disclose portraits of portrait owners in the way of publishing, replication, distribution, rental, and exhibition.

Article 1,183 If the rights and interests of natural and people have caused serious mental damage, the infringer has the right to request compensation for mental damage.

If a specific thing that has a personal significance of a person who has a personal significance is caused by the intentional or severe loss of infringement, the infringer has the right to ask for mental damage compensation.

Source: Pu Fajun Studio

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