[Explanation] Recently, the TV series "Thirty Only" has been broadcast on major platforms. Mr. Lu from Foshan, Guangdong has been harassed by unfamiliar calls and text messages one after another. The reason is that the phone number of the star in the play is the same as his phone number, which caused the audience to mistake him for the contact information of the star, which caused him a lot of inconvenience. On August 4, Mr. Lu contacted the crew through Weibo, hoping that the crew would delete the relevant footage, apologize to him and compensate accordingly. In this regard, some lawyers said that the producer’s actions in this way have violated Mr. Lu’s right to privacy.
[Concurrent] Han Xiao, lawyer of Beijing Kangda Law Firm
A related information has violated Mr. Lu's right to privacy. According to the relevant provisions of the Civil Code of my country and the applicable Tort Liability Law, one of the ways to request to stop the infringement is to apologize and stop the infringement. Therefore, Mr. Lu has the right to request the producer to stop the infringement and to apologize. Basically, the court of first instance generally supports the request for an apology, such as compensation for part of the loss, within a reasonable range of the person responsible for the infringement.
[Explanation] After Mr. Lu contacted the crew, the crew sent relevant video clips and new media to the play’s network broadcasting platform. On August 11, the reporter logged on to the platform and found that in the relevant video clips in the play, the original mobile phone number was replaced with a virtual QR code, but the producer has not yet responded to this matter.
[Concurrent] Han Xiao, lawyer of Beijing Kangda Law Firm
At present, they have carried out an effective treatment. Under normal circumstances, the platform does not bear a corresponding legal responsibility. In fact, we believe that the producer's act of remedial after the fact is worthy of recognition, but it should be noted that it does not necessarily exempt him from infringement. Of course, you should pay attention to the protection of personal privacy in the production of film and television dramas, especially to avoid a risk of litigation. Whether Mr. Lu claims corresponding rights, such as litigation or application for arbitration, does not necessarily exempt him from one of his legal liabilities, so the follow-up still depends on the final result of the negotiations between the two parties.
[Explanation] Does the audience also have to bear the responsibility when dialing the mobile phone number in the play? Han Xiao believes that it should depend on the specific circumstances. If the malicious harassment exceeds the normal limit, it will not only bear tort liability, but also may face administrative penalties.
[Concurrent] Han Xiao, lawyer of Beijing Kangda Law Firm
Generally speaking, in the judicial process, ordinary people out of curiosity, such as trying to make a phone call, generally rarely take corresponding actions, but in fact this is suspected of violating the relevant provisions of the Public Security Administration Punishment Law. If he already knows that the call is not owned by the cast and crew, and then repeatedly dials or texts to harass Mr. Lu, in fact, Mr. Lu can report the case to the public security organs in accordance with the relevant provisions of the Tort Liability Law and request administrative actions against malicious harassers. Punishment.
Lang Jiahui reports from Beijing
Editor in charge: 【Luo Pan】