Stroke up on the street, spoof pedestrians, reaction test... Some people are "increasing fans", others are draining traffic

  What red lines did not say hello to the passerby stepping on the mirror

  Our reporter Chen Xi

  "Worker's Daily" (version 06 on December 09, 2021)

  "Walking unsuspectingly on the road, the other party suddenly snatched a sip of the milk tea in my hand, and I was shocked." Ms. Shen from Beijing City recently told reporters about her experience and took the milk tea from her. Is a short video platform anchor, doing so only to pursue the picture effect and sensory stimulation in the live broadcast, to achieve the purpose of "increasing fans".

  Earlier, Mr. Shi from Shaoxing, Zhejiang, was secretly photographed by an internet celebrity when he was crossing the road, and he inexplicably became the male protagonist in the story of "Online Dating". This incident has caused widespread concern.

  With the popularity of short videos, it is not uncommon for people like Ms. Shen and Mr. Shi to be “in the mirror”, “arranged” or even “slandered”.

In order to attract fans, some anchors point their cameras at passersby, and even use the public's curiosity to secretly photograph the privacy of others as a selling point.

In the current situation of "everyone is an anchor", where is the legal boundary for shooting passersby?

  "Beauty, you look like my first love, can you add a WeChat?" On a well-known short video platform, the reporter searched using "passersby" as the key word and found that a large amount of content was related to "street chat".

Such videos are usually set in prosperous business districts or scenic spots, and anchors are waiting for opportunities to strike up young women, fabricate words to ask for contact information, or make excessive requests such as physical contact.

  Many videos have also been used as "teaching materials" to drain streams for "talking-up courses."

Under an account called "Catch a Talk Research Society", the male anchor will conduct a replay every time they strike up a conversation, analyze the girl's expression and mentality, and make comments on her appearance and clothes.

In the end, the conversation turned around and began to sell the "Meeting Love" training course worth 599 yuan.

  In addition to talking on the street, some short videos under the banners of "positive energy street shooting" and "real reaction test" also pointed the camera at unknowing passers-by.

A common routine is to pretend that you need help, test whether pedestrians are willing to lend a helping hand, or place wallets, trash and other props on the side of the road, secretly film the reaction of the perceiver, and then make moral judgments.

  According to Zhao Zhanzhu, a lawyer at Beijing Yunjia Law Firm, if secretly photographing or following passersby, unauthorized use of passersby's portraits, whether for profit or not, constitutes an infringement of portrait rights.

  "Some video scenes disclose specific activities of passers-by on specific occasions, and expose the privacy of others to the public." Liu Xiaochun, executive director of the Internet Rule of Law Research Center of the University of Chinese Academy of Social Sciences, cited as an example. Shushang Education, onlookers took the video and uploaded it to Weibo. The original intention was to criticize the behavior of the parents. However, this kind of sneak shooting and proliferation was regarded as an infringement of the privacy of girls.

  In some cases, after the "camera violation", "keyboard injuries" followed.

"Some self-media meticulously designed bridges, fabricated and distorted facts to attract attention, and the'dirty water' poured on passersby seriously affected their social evaluation and infringed their reputation rights." Liu Xiaochun said.

  The reporter found that some short video platforms did not strictly regulate the behavior of secretly filming and uploading videos, and even used big data for key pushes, and only responded to complaints.

  "As a network service provider, the platform is responsible for keeping the soil." Zhao Zhanzhan said that when secretly filmed videos are discovered, they have often caused great harm to the parties.

Therefore, the platform must fulfill its "duty of reasonable care", in addition to post-processing, it should also continuously improve its content review system.

At the same time, construct a concise and efficient complaint feedback mechanism, remove infringing videos in a timely manner, and punish secretly filming accounts by banning and restricting access.

  Liu Xiaochun said that the public needs to be more vigilant about sneak shots of short videos, and they should say "no" on the spot when they find it on the spot.

If the video has been publicly disseminated, you can contact the platform to defend its rights. If the processing result is unsatisfactory, or the video has a bad influence or serious infringement, you can further file a civil lawsuit.

  Zhao Occupation reminded that short video publishers must abide by the legal bottom line, inform the shooting content and purpose in advance, and obtain explicit consent from passers-by.

When framing in public, if passersby are unavoidable, their personal characteristics should be blurred to ensure that personal privacy is not exposed.

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