According to media reports
Wang Jinsong has been registered in Xiaohongshu for more than a month
In his personal profile, he wrote
The content previously published
It is also basically sharing daily activities
The interaction with netizens is not close
Since January 13th,
there have been netizens one after another. Posted that
he was sent a private message requesting
"Please change the avatar of my portrait!"
"I never reply to your comments, you can find the reason yourself."
In addition,
Wang Jinsong was commenting
in the district also responded to some netizens who used their photos as avatars
asked netizens not to use their own photos as avatars
also replied to a netizen
"CP fans stay away, no need"
A netizen who follows Wang Jinsong revealed
"CP fans They openly use his full name to create pornographic pictures, and some even have his single profile picture." "He is almost sixty years old, so it is normal that he cannot understand things like the Internet."
After triggering heated discussions
Wang Jinsong I canceled my Xiaohongshu account
News Knowledge d
According to Article 1019 of the Civil Code, no organization or individual may infringe on the portrait rights of others by vilifying, defacing, or using information technology means to forge. shall not produce, use, or disclose the portrait of the holder of the portrait right without the consent of the holder of the portrait right, unless otherwise provided by law.
In addition, Article 1020 of the Civil Code also stipulates circumstances that do not constitute an infringement of portrait rights: for personal study, art appreciation, classroom teaching, or scientific research; to carry out news reports; to perform duties in accordance with the law, and state agencies within the necessary scope; to display In certain public environments; to protect public interests or the legitimate rights and interests of the portrait right holder, the portrait of the portrait right holder may be produced, used, or disclosed without the consent of the portrait right holder.
According to the Chengdu Commercial Daily,
The chief lawyer of Beijing Baoying (Chengdu) Law Firm believes that
using photos of celebrities
as avatars on social platforms
does not fall within the above-mentioned fair use stipulated in the Civil Code
As long as it is not used by the celebrity himself Licensing
constitutes infringement and infringes the celebrity's portrait rights.
According to Article 179 of the Civil Code,
celebrities have the right to require the infringer to stop the infringement, eliminate the impact, and apologize, etc.
