Are street photographers suspected of infringement?, State owned enterprise leaders holding hands with opposite sex while shopping are photographed on a platform | Video | Street Photography
Screenshot of online video transmission
On June 7th, it was rumored on the internet that a state-owned enterprise leader was holding hands with a young woman while on a business trip in Chengdu. This intimate behavior was captured by a street photography photographer and posted on a short video platform, causing widespread attention.
Several netizens have pointed out that the man is suspected to be Hu Mouyong, Executive Director, Party Secretary, and General Manager of Huanqiu Engineering Project Management Co., Ltd. The woman holding hands is neither Hu Mouyong's wife nor his daughter. At 5:30 p.m., the WeChat official account "PetroChina Beijing Project Management Company" issued a document. "At present, Hu Jiyong, the person involved, has been relieved of his position as Executive Director, Party Secretary, and General Manager of the Global Project Management Company, and is subject to inspection by the company's disciplinary commission. The company will further handle the situation based on the results."
In response to this handling result, netizens commented harshly, "Street photography has also become a new battlefield for anti-corruption." In fact, in daily life, especially in fashionable neighborhoods, there are more and more street photography photographers, some of whom only record beauty, some are commercialized, and even some street photography has become tasteless, causing some people to be deeply disturbed.
So, where is the legal boundary for street photography? Has the photographer of the "state-owned enterprise leaders" in this street photo been successful or not?
"For the dismissed officials in this incident, street photography does not infringe on their right to portrait and privacy." Lawyer Liu Changsong, director of Beijing Mugong Law Firm, told Chao News reporters that public officials are public figures and their behavior in public places should be subject to public opinion supervision, which falls within the scope of the exercise of public opinion supervision power. "When there is a conflict between the right to portrait, privacy, and public opinion supervision of public figures, they should give way to the right to informed supervision."
Lawyer Liu Changsong also specifically mentioned that "street auction anti-corruption" is definitely not the mainstream form of anti-corruption, and may produce some initial effects, but its effect is limited. "Because officials' interactions with young and beautiful members of the opposite sex are often accompanied by a large amount of money being squandered, it is necessary to further investigate where the money comes from, which often leads to corruption issues." Lawyer Liu Changsong said that anti-corruption still depends on the system, not on unexpected factors such as street photography.
But is there any infringement involved by the filmmaker when an ordinary person is subjected to street photography with their face turned against? "Many photographers feel that it is not profitable to shoot or publish in public places. In fact, according to Chinese laws and regulations, whether it is shooting or subsequent use, publication, or other activities, permission from the subject is required." Lawyer Shao Bin, Honorary Director of Shanghai Bohe Han Commercial Law Firm, said that whether it is street shooting, sneak shooting, or even publishing the shot on a platform, there is no doubt that it involves infringing on the portrait rights and privacy rights of others.
Lawyer Shao Bin pointed out that legally speaking, citizens have exclusive rights to their own portraits. They can freely dispose of their portrait rights and also have the right to prohibit others from taking or using their exclusive portraits without their consent. If the photographer wants to avoid legal disputes caused by this, it is best to sign a written portrait license agreement with the subject before shooting, or sign a supplementary written portrait license agreement with the subject after shooting. You can also choose to use network technology to mask the portrait in the later stage.
Lawyer Liu Changsong also stated that street photography is completely possible for infringement. If the photographer takes someone else's portrait on the street without their consent and releases it without their consent, it is suspected of infringing on someone else's portrait rights, and sometimes even involving privacy rights. "Of course, in some public events, taking someone else's portrait on the screen does not constitute infringement."
