"A short video is available to everyone", can passers-by shoot them if they want
Experts warn that it is illegal to take pictures of others without permission
□ Our reporter Han Dandong
□ Guan Chuyu, an intern of our newspaper
People walk on the road, and the "pot" comes from the sky.
Mr. Shi, from Shengzhou, Shaoxing, Zhejiang, was deeply moved by this sentence: When he was crossing the road one day, he was secretly photographed and posted to the Internet by Huang, with a post saying that he was going to meet with netizens.
Mr. Shi's wife filed for divorce after seeing this video.
In desperation, Mr. Shi had to choose to call the police.
After investigation, the sneak shot Huang and Mr. Shi did not know each other, and the video was made purely for entertainment purposes to attract people's attention.
In the end, Huang realized that he had deleted the video by mistake and apologized to Mr. Shi's family.
Because his behavior constituted defamation, Huang was fined 500 yuan by the police.
With the rise of short videos, in reality, it is not uncommon for people like Mr. Shi to be "in the mirror" as video material.
A recent investigation by a reporter from the "Rules of Law Daily" found that in order to attract attention and increase traffic, some anchors often resorted to concealment, out of nothing, and stealing tricks to infringe on passersby by "camera infringement" and "keyboard damage."
After searching on a well-known short video platform with keywords such as "talking up with passersby", "street talking" and "street funny", the reporter found that there are not a few videos similar to shooting passersby.
"Hello, Miss Sister, I'm from a nearby gym, can you find out about fitness? Can I add a WeChat?" This is the opening remark of a blogger.
The blogger hit up with passers-by on the grounds of posting a gym advertisement, and made a video and uploaded it to the short video platform.
On the cover of some of its videos, "real shooting" is marked.
The reporter noticed that, perhaps because of sneak shots, most of the videos posted by the blogger were blurry and shaky, and the shots were mostly turned from the road to the faces of passersby, and the noise of the street was more obvious.
In the 27 short videos of "talking up" released by it, these passers-by behaved very naturally, some were walking, some were eating, and some were waiting for traffic lights.
In addition to the strike-up videos, passers-by often appear in the short videos of some so-called "street shooting positive energy", "science popularization", and "test" videos.
The shooting routine of these videos is usually: the photographer puts a bag of garbage or objects of a certain value on the road, then hides next to take pictures of passers-by’s true reactions, and then evaluates the passers-by’s reactions; or pretends that they need help to see if passers-by Willing to lend a helping hand to strangers.
A short video blogger from Shanghai did three "Street Positive Energy" challenges on the streets.
In the first two issues, I borrowed 10 yuan from passersby on the grounds that I lost my mobile phone and wallet.
The shooting technique is that one person comes forward to ask, and one person hides behind to shoot.
The passers-by who appeared in the lens included garden workers at work, grandpa and aunt passing by, sanitation workers, etc.
In the third phase, the trash bag is placed on the road next to the trash can, and the camera is aimed at the trash bag to film whether passers-by pick up the trash bag and throw it into the trash can.
The reporter observed that in the above-mentioned video, the reaction of passersby was real and natural, and there was no trace of posing.
For passers-by who agree to borrow money, the blogger will tell them that he is doing a positive street interview; and those passers-by who have not reached out to help will not know that they have been secretly photographed.
What's more, some short video bloggers, in order to pursue the real reaction and stimulation of the person being filmed, directly perform pranks in front of passers-by and film them without the consent of passers-by.
Chen Ying (pseudonym) from Tianjin has had this experience.
One day, when she was shopping, someone on the other side suddenly rushed to her and asked her: "Miss Sister, can I exchange bags with you with leaves?" Before the voice came, her bag was snatched by the other party.
After some negotiations, Chen Ying learned that the other party was shooting a short spoof video.
"At the time I thought I was robbed." Chen Ying said. Later, they apologized to me, but did not mention whether the filmed video would be released or where it would be released.
In the current era of "short videos are available to everyone", every passerby may be "in the mirror" and become the material in other people's videos with a little carelessness.
But can passers-by be able to shoot if they want?
What circumstances would constitute infringement?
According to Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, there are three main situations in which passers-by become other people’s video materials without their knowledge: the first is an empty lens, such as shooting a square or background, and passers-by enter the camera inadvertently In this case, the passerby is not the main subject of the video, and it is legal; the second case is to follow and take pictures without the passer-by’s knowledge; the third is to take some partial pictures of the passerby’s body.
Zhu Wei believes that secretly taking pictures of others is suspected of infringing on others' portrait rights, privacy rights, reputation rights and personal dignity.
It is not allowed to shoot at will without the permission of the person being photographed, let alone publish it at will, even if it is not released, because the act of secret shooting has violated the right of life and privacy of the person being photographed.
If you secretly photograph the sensitive and private parts of others, you are suspected of violating the Public Security Administration Punishment Law and even the Criminal Law.
Under what circumstances is it legal to shoot such short videos?
Zheng Ning, director of the Law Department of the School of Cultural Industry Management of Communication University of China, proposed that the photographer should meet three conditions when shooting, that is, the purpose of use is to show a specific public environment, and inevitably take portraits of passersby; do not take the portraits of passersby as the main body of the picture. Show; do not expose the privacy of passersby.
"During the shooting process, the specific appearance of passers-by cannot be photographed in the video without the permission of others. If it is necessary to appear on the scene, without the consent of others, the marks that can be identified by the photographed person should be removed, such as the face. Ministry and other iconic information. At the same time, be careful not to follow, sneak, or follow others to shoot, which is suspected of infringing on the privacy and peace of life of others.” Zhu Wei added.