Have you ever experienced someone else filming a video and being "on camera" yourself? Recently, the Hanyang District Court in Wuhan, Hubei Province mediated such a case. Customer Xiaoli, who was eating at a restaurant, made it clear to the person who was filming the store exploration video that she did not want to be filmed. However, she later discovered that she had still been filmed in a short video and played it on a certain platform, reaching a certain number of views. In the case where Xiaoli's request for the short video platform to delete the video was unsuccessful, she sued the platform and ultimately obtained a compensation of 10000 yuan through court mediation. In the era of short videos, more and more companies and businesses are choosing to expand their influence through short videos and attract offline traffic. This is understandable, but during the process of shooting short videos, some passersby may be captured. For the issue of "being on camera", some people do not care, but there are also those who express opposition and disgust. Therefore, photographers and platforms should respect the wishes of others and cannot use the portraits of the parties involved for commercial purposes at will. This case has sounded the alarm for us - taking and disclosing someone else's portrait without authorization may infringe on their portrait and privacy rights. Article 1019 of the Civil Code of China stipulates that without the consent of the portrait owner, the portrait of the portrait owner shall not be made, used, or disclosed. Without the consent of the portrait owner, the portrait work owner shall not use or disclose the portrait of the portrait owner through publication, reproduction, distribution, rental, exhibition, or other means. With the increasing segmentation of the short video industry, many people deliberately allow passersby to enter their filming scenes in order to attract attention and gain traffic, and then use their reactions as the "selling point" of short videos. For example, some bloggers pretend to buy pesticides and ask how much they can kill. At this time, many kind-hearted shop owners firmly refuse to sell them and earnestly advise them to cherish life. This kind of artificially created dramatic conflict has become a popular type of short video, and these shop owners are unaware that they have become "actors". In reality, there are many cases of being "on camera". This exposes certain loopholes in the content review and management of some short video platforms. As an important carrier of information dissemination, platforms have the responsibility to ensure the legality and compliance of uploaded content. Unfortunately, some platforms often fail to fulfill their responsibilities and obligations in content review in order to pursue user stickiness and traffic data, resulting in the proliferation of infringing content. To ensure that every uninformed person no longer becomes a "group performer" in someone else's script, the platform needs to strengthen content review and management, and improve the mechanism for handling infringement complaints. Relevant departments should also increase their efforts to crack down on infringement, raise the cost of illegal activities, and form effective deterrence. At the same time, we need to use more typical cases to interpret the law and raise public awareness of legal and rights protection. Only when more people dare to protect their rights can a more effective supervisory force be formed, jointly creating a network environment that respects privacy and protects individual rights. In the era where everyone loves to watch short videos, this case reminds us that respecting and protecting the rights of others is also protecting our own rights - the "case of being rumored and cheating while picking up a package" is an example, and no one knows what role and label they are assigned when they appear in other people's videos. For this reason, a mutually respectful and bounded cyberspace requires us all to jointly create and continuously work towards it. (New Society)
Edit：Luo yu Responsible editor：Wang xiao jing
Source：workercn.cn
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