When the web drama improperly disclosed personal phone number
A popular online drama publicly used Huang's mobile phone number purchased under his real name, causing Huang to be frequently harassed by unfamiliar phone calls and WeChat friend verification notifications. Huang used the drama’s producers A and B to violate his privacy rights Sued to Beijing Internet Court.
Recently, the Beijing Internet Court issued a verdict of the first instance and found that the mobile phone number involved in the case was improperly disclosed by the network drama involved, which caused the intrusion of Huang's private life, which exceeded the limit of reasonable tolerance. The producer was subjectively at fault, which constituted the privacy of Huang. Violation of rights.
Harassing phone calls frequently
It turned out to be the fault of the web drama
Huang complained that starting from November 5, 2019, he has been receiving harassing calls and WeChat friends verification notices, which seriously disrupted normal life and work.
After inquiries, it was learned that the second producer of the web drama did not perform screen processing on the mobile phone number that appeared in the web drama involved, which led to Huang’s real-name certified mobile phone number appearing in the eighth episode of the web drama involved.
Huang believes that the second producer of the online drama leaked his real-name certified mobile phone number and sued the court on the grounds of infringement of his privacy rights, requesting an order for the second producer of the online drama to pay him 50,000 yuan for mental damage, and Huang's lawyer's fees for defending his rights were 1,000 yuan and his lost work fee was 1,000 yuan for defending his rights.
Net drama producer argues
The screen has been processed in time
Company A argued that the mobile phone number involved was purchased by the crew authorized by the crew during filming and used by the drama group method.
There is no fact of infringement, no intention of infringement, and no subjective fault.
On November 8, 2019, after discovering that a mobile phone number appeared in the eighth episode of the play, Company A immediately blurred the relevant images and sent the processed video data to the video platform on November 10, 2019. , To complete the replacement on the same day without subjective fault.
Moreover, the evidence submitted by Huang cannot prove that the mobile phone number in the online drama is related to the infringement of his privacy, nor can it prove that the behavior disrupted his normal life and caused serious mental damage.
Company B argued that it was not the producer of the online drama involved in the case, but was only the producer of the drama, did not participate in the production process, and had no censorship or supervision obligations on the video content.
The first instance of the court found
Web drama violates privacy
A few days ago, the Beijing Internet Court found that the act of disclosing Huang's mobile phone number in a web drama constituted an infringement of Huang's privacy, and it was judged that Company A and Company B should compensate Huang's mental damage soothing money within 10 days from the effective date of the judgment. And the lawyer's fee is 1,000 yuan.
The court held that, in accordance with the relevant provisions of the General Principles of the Civil Law, the privacy rights enjoyed by natural persons include the tranquility of their private lives.
In this case, the producer of the online drama involved in the case used the mobile phone number involved in the role of the drama without Huang's knowledge and made it public on the Internet, which may cause the majority of netizens to invade Huang through telephone, social applications, etc., and remove Huang. Some are in danger of being harassed.
In fact, Huang received a number of unfamiliar calls and WeChat friend applications after the number was released. After the producer processed the broadcast screen of the authorized website, Huang still received WeChat interruptions from strange netizens. Destroy Huang's state of tranquility.
In addition, the court found that the evidence in the case could not prove that Company A commissioned the crew to purchase the mobile phone number involved in the filming of the online drama.
Even though the mobile phone number belonged to the crew at the time, it can be known from Huang's current situation of the mobile phone number involved that the period of legal use claimed by Company A was significantly shorter than the normal period of production and broadcast of the film involved.
The court held that the producer failed to perform the corresponding duty of care in the use of the mobile phone number involved in the screens of the network drama involved, and took a laissez-faire attitude towards possible infringement risks and was subjectively at fault.
Gong Ping, a judge of the Beijing Internet Court, reminded that with the advancement of social civilization, the right to privacy, as a basic civil right, shows a trend of strengthening protection at both the legislative orientation and legal implementation.
In this context, it is necessary for the film and television drama production industry to strengthen the legal awareness of the protection of civil rights, further enhance the duty of care, follow the principles of safety and necessity, and avoid the intrusion of their private life due to improper behavior.
In this case, Company A and Company B, as the producers, hope to present perfect artistic effects to the audience in the process of artistic creation. It is understandable, but choosing appropriate artistic expression methods to avoid infringement on the legitimate rights and interests of others The due meaning of artistic expression.
Text/Reporter Zhao Jiaqi
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