Sentenced to apologize to her aunt and compensate 7700 yuan, a woman in Shanghai made a short video of her family's argument and uploaded it to her. Angry | Nephew | A woman in Shanghai
It was originally just an internal family dispute, but my niece turned it into a video and even uploaded it online. Recently, Shanghai Jinshan District People's Court concluded a case of personality dispute caused by publishing a video of a quarrel between relatives on the Tiktok platform, and sentenced the niece to apologize and compensate for mental damage.
One afternoon in June last year, Ms. Qian visited her younger brother's house to visit her mother and had an argument with his family over the issue of elderly care. During this period, Ms. Qian's niece, Xiao Qian, repeatedly said, "I will let you tremble!" Ms. Qian, who was angry, refused to be outdone and repeatedly responded, "You hair!"
Later, in order to vent his dissatisfaction, Xiaoqian made a short video of relevant clips recorded by the home surveillance camera and mobile phone and released it to the Tiktok platform, and noted the address of Ms. Qian's home. The next day, the video was circulated to the homeowner group of Ms. Qian's residential area and sparked attention and discussion within the group.
Ms. Qian believed that Xiaoqian's publishing of the video and his home address on Tiktok without his consent violated his right to portrait and privacy, so she appealed to the Jinshan Court to ask her niece Xiaoqian to apologize and compensate for the loss.
Xiaoqian argued that he disagreed with Ms. Qian's lawsuit request. The two families had a dispute over supporting the elderly. On the day of the incident, Aunt Qian caused trouble at her own home and insulted her family, indicating that Aunt was at fault first. In addition, I told my aunt in advance to shoot and release the Tiktok video, and she also agreed.
After trial, the Jinshan Court held that without the consent of the portrait owner, the portrait of the portrait owner shall not be made, used, or made public, except as otherwise provided by law. In this case, when the two sides quarreled, Xiao Qian repeatedly shot Ms. Qian's face at close range and repeatedly said, "I'm going to let you tremble!" Ms. Qian repeatedly responded, saying, "You hair!" Here it should be determined that Ms. Qian's "You hair" blurted out during the fierce quarrel was not her true meaning, and Xiao Qian should have known or should have known about this situation, and did not support Xiao Qian's defense that Ms. Qian agreed to shoot and release the video. At the same time, the family address is the personal information protected by law. Without Ms. Qian's consent, Xiaoqian published her address on Tiktok, which has had a certain impact on Ms. Qian's personal life and constitutes an infringement of her personality rights.
To sum up, the Jinshan Court ruled that Xiaoqian apologized to Ms. Qian in the form of video on the Tiktok platform and compensated 7700 yuan for mental loss.