On "3·15" International Consumer Rights Day, the Higher People's Court of Jiangsu Province announced the typical cases of consumer rights protection in the province in 2023. Jiupai News noticed that in one case, a barber posted a video of two people communicating about hairstyles and haircuts online without the customer's consent. After the customer failed to communicate with him, he sued the court. In the end, the court ordered the barber to publicly apologize and pay solatium for mental damage.
Jiupai News learned from the Jiangsu Provincial Higher People’s Court that when Ye went to a styling studio to get a haircut, the stylist Sun filmed the above video. After the service, Sun uploaded the video to his personal social account for promotion.
After finding out, Ye communicated with Sun. Sun first deleted the video, but then he coded Ye's face with the text "Guests from Beijing, Shanghai and Guangzhou cannot afford to offend" and uploaded the video again. Two days later, Sun deleted the video. Ye believed that Sun's behavior violated his right to portrait, privacy, and reputation, and filed a lawsuit in court, demanding that Sun apologize and compensate for mental damage, solatium, and other losses. Sun believed that Ye agreed to take the video, so it should be published by default.
The court held that although Ye did not object to filming the video, it did not explicitly agree with Sun to upload the video to the social platform for public release. Sun's behavior constituted an infringement of Ye's portrait rights, and ruled that Sun should apologize on the social platform. 10 days, and compensated Ye for 1,000 yuan in compensation for mental damage and other losses.
Picture/Visual China
The court reminded that short videos have gradually integrated into people’s daily lives in today’s society. Operators are keenly aware of the business opportunities of promoting business and expanding customer sources through short videos. However, such behavior also brings infringement of consumption. potential risks to the author’s image rights.
The Civil Code stipulates that natural persons enjoy the right of portrait, and no portrait of the holder of the portrait right may be produced, used, or disclosed without the consent of the holder of the portrait right. Without the consent of consumers, operators use short videos containing consumers’ external images for commercial promotion, which constitutes an infringement of consumers’ portrait rights and should bear corresponding tort liability.
The court believed that the judgment in this case reflected the legislative purpose of the Civil Code to strengthen the protection of personality rights and was conducive to strengthening the comprehensive protection of consumer rights and interests.
Jiupai News Reporter Peng Rongwen
Editor Xiao Jie Liu Meng
[Source: Jiupai News]
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