In the era of self media prevalence, "casual filming" and "street live streaming" are common occurrences. After disputes over daily trivialities, some netizens use the power of the internet to expose others and vent their dissatisfaction, and short video platforms have become the hardest hit areas for infringement disputes such as portrait rights and reputation rights. Recently, the People's Court of Pengzhou City, Sichuan Province heard a case of a dispute over the right to a portrait caused by the operation of farmhouse entertainment. The defendant made, used, and disclosed another person's portrait without consent, which constituted infringement. After the trial, the court ruled that the defendant should apologize in accordance with the law. Tong and Xue, two villagers from a certain village in Pengzhou City, respectively operate two farmhouses in a certain scenic area. The two have had multiple disputes due to competition for customers. Xue Moyi, the younger sister of Xue Mojia, is very dissatisfied with the "half way cut off" business robbery behavior of Tong Moyi's family and intends to retaliate. One day, Yang, the daughter-in-law of Tong, stood at the intersection and guided tourist vehicles heading towards the public parking lot to the parking lot of his own farmhouse. Do you like to grab orders? Okay! I will post your actions online and let everyone evaluate them. "Xue Moyi took out his phone and filmed the process. Xue Moyi filmed several short videos containing Yang's portrait, and also used local dialects to dub and explain the videos, which were uploaded to a certain short video platform. In the video, Yang's face is not obstructed and can be clearly recognized. After the above video was released, there were nearly 500 negative comments on Yang. Shortly after the "exposure" incident, after a real name complaint from Yang, the short video platform blocked the relevant videos. Xue Mouyi insisted on his own opinion and refused to apologize. Yang then filed a lawsuit in court, requesting that Xue Moujia and Xue Mouyi apologize to him and pay a mental comfort fee of 5000 yuan. After the court's trial, it was found that Xue Yi's unauthorized production, use, and disclosure of Yang's portrait constitutes an infringement. Therefore, in support of Yang's claim to apologize, Xue Mouyi was ordered to issue a statement on the short video platform to apologize to Yang within ten days from the effective date of the judgment, lasting for one day. Due to the fact that the infringement was independently carried out by Xue Mouyi, the court did not support Yang's claim that Xue Mouyi should bear joint liability. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Mental Damage Compensation in Civil Torts, the amount of compensation for mental damage claimed by the plaintiff must be determined based on the consequences of the infringement. Due to the plaintiff's failure to provide evidence to prove the objective existence of the loss, considering that the short video platform has already blocked the short video involved in the case, the actual dissemination scope is limited, and from user comments, it has not caused serious consequences. Therefore, the court did not support the claim for compensation for mental damage. The judge reminds that with the rapid development of various short video platforms and the continuous popularity of smartphones, online video exposure has become one of the public opinion supervision methods for many people to disclose bad behavior and protect their legitimate rights and interests. But some online exposure may seem like a just act, but in reality, it is to vent one's personal anger and commit infringement in the name of online exposure. If the images of the characters in the short video do not meet the requirements of "recognizability", or if the purpose of the video belongs to the reasonable use of portrait rights, it does not constitute infringement of portrait rights. But the video images in this case have recognizability and can
Edit：Zhou Shu Responsible editor：Wang Chen
Source：rmfyb.chinacourt.org
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