Stolen hundreds of photos also maliciously spread, delete! indemnify

Recently, an article titled "The murderer who personally sent me into Room N is a 6-year friend of 985 University" has attracted widespread attention, which revealed that a photo of a girl was sent to an extranet group chat by a 6-year-old friend for others to commit adultery. Red Star News reporter learned from Ms. Liang, the publisher of the article, that the girl in question was her friend, and after discovering that she had stolen the picture, the girl called the police at the first time, and the incident was finally resolved by deleting the photo and making moral compensation.

Hundreds of stolen images

After calling the police, the other party apologized and deleted the picture and made moral compensation

According to the article "The murderer who personally sent me into Room N is a 6-year friend of 985 University", at 8:22 p.m. on December 24, 2021, the girl in question received a private message from a strange netizen, saying that her photo was posted in the group for others to commit adultery. The girl noticed that the photo had a Microblog watermark on it, which was an everyday photo she had posted. At first, she thought that the criminals had stolen her Weibo photos to publish, so she asked her friends to join the group chat and asked the person to delete the photos and stop posting.

As a good friend of the girl concerned, Ms. Liang told the Red Star News reporter that after the friend entered the group chat, it was found that hundreds of photos of the girl involved were released, including photos released by non-public social platforms, and finally the girl in question locked the thief through her personal avatar, a friend who had known her for 6 years, "a good family, excellent personal, and girlfriends evaluated her good manners and integrity." At that time, the girl asked him why he stole the picture and spread it maliciously, but all he got was one sentence: "At the beginning, it was sent casually." The boy then apologized.

The girl reported the case to the police, and according to the notice receiving the police, on December 25, the Yishan Police Station of the Fuzhou Municipal Public Security Bureau received the police on the grounds of "someone posting a photo of himself on the telegram website." After reporting the case, the police said the case involved the infringement of portrait rights and had the right to ask him to stop publishing, eliminate the impact, and give compensation for infringement and moral damage. If there was a way to reach a girl whose right to privacy had been violated and she was willing to report it, he would be punished more severely.

Ms. Liang told the Red Star News reporter that after the incident, she also tried to contact other victimized girls in the group, "Because they are acquaintances, girls are easy to be retaliated against, or suffer secondary harm, and there are very few people who are willing to stand up." "The girl concerned consulted a lawyer and learned that if the prosecution is carried out, the follow-up will consume a lot of time and energy, and it is likely to be harmed twice, and the appeal is also to the other party to eliminate the impact and compensation for mental losses, so on the 26th, the two sides reached a settlement after consultation, the boy deleted the photo to eliminate the impact, and compensated the girl for mental loss.

Red Star News reporters found from the screenshot of the group chat that the group members attached to the extranet social platform have exceeded 7,000 people, and the photos inside are mostly sent by acquaintances, and the photo thieves send pictures, triggering malicious attacks on the girls in the photos by the members of the group, most of the words spoken are rude and insulting, and some even malicious P pictures.

Mr. Lan, who reminded the girl concerned, told the Red Star News reporter that the above-mentioned group chat situation is not a case, there are many people who steal pictures and even malicious P maps on social platforms at home and abroad, "I have long noticed that these people have this kind of behavior on many platforms, the earliest was in February this year I saw a picture of a girl on the post bar was stolen by others, and said insulting words, I clashed with the other party, thinking that it was not right, but the other party did not pay attention to me, I saw that there was a microblog watermark on the map, Just remind her through private messages. ”

Mr. Lan believes that this part of the male practice will cause girls to misunderstand all boys, thus intensifying the contradiction between the sexes, so he has always insisted on reminding these girls, but the girls' handling methods are not the same, "I have probably reminded sixty or seventy girls, I know only three brave police, some girls either because they are afraid and retaliated against, or think that the possibility of being properly resolved is very small." ”

Those who steal images are punished administratively

Some girls had to give up because they could not lock the pirates

In addition to Ms. Liang's friend, another girl Yang that Mr. Lan reminded also reported the case. Yang told the Red Star News reporter that after Mr. Lan reminded her, she found that her photo appeared on a certain post bar, not only her photos, the photo thieves also released photos of more than a dozen women, Yang quickly locked the identity of the other party through private chat, but also a friend who knew 6 or 7 years, the two are high school classmates, and the class has a good relationship.

Yang contacted other victimized girls, and eventually 3 girls reported the case to the police with her, because of fear of retaliation, Yang did not communicate with the photo thieves face to face. According to the police told her, the photo stealer insulted and slandered and embezzled photos and imposed administrative penalties, "Until now we don't know what he is doing with the photos, he first uses the normal original picture to post in the post bar, intentional people then chat privately, and then send P nude photos to the other party for obscenity, and then ask the boy to take a photo of his own obscenity to share." ”

Yang said that after this incident, she was more determined to defend her every legitimate rights and interests, "but I dare not post too much content related to myself on social media, I feel that there are always people with ulterior motives, and I even feel that there are more and more boys with dirty thoughts." ”

However, there are also cases where girls whose rights and interests have been infringed have not reported unsuccessfully, such as 23-year-old Wang Mou, who noticed that her photos were maliciously disseminated on January 25 this year. The Red Star News reporter saw that a screenshot of the tweet sent to her by a friend showed that someone had stolen her photo to post a dynamic, with multiple insulting keywords in the accompanying text. She looked through many stolen pictures before and after, and finally locked in a photo that had only been sent to the circle of friends, "The person who stole the picture must be my WeChat friend." Yang drew this range, but he could no longer shrink it.

Wang Mou's life circle is very small, after graduating from junior high school, he went to study in other places, and there are not many people who know him, "This account uses my photos to post dynamics, others will think that this account is released by me, and some people find my Weibo harassment according to the watermark of the picture, asking me whether I provide special services." "Wang has never been on the internet, let alone the accounts of these social platforms, she had to ask her friends to negotiate privately with this user," This person has not replied, still stealing pictures, and even went to submit articles, saying that the photo is me, and then saying something particularly unbearable. ”

The photo was passed ten, ten passed hundred, more and more people found Wang along the network cable, and she decided to report the case, "The police said that because it is overseas software, it is not easy to check." Later, several friends around her kept reporting the account, and finally the account was banned.

The impact of the theft did not end because the account was blocked, until now, there are still people who do not know Wang's WeChat, there are also people in the same city of Weibo private messages to harass her, those who found her, Wang also asked, "mostly Twitter to see, there are also said to listen to others, very funny", Wang does not know how to prevent the continued spread and stranger harassment, "If you know who should be easy to do, I am completely clueless, and do not know who to find to confront, I feel that many girls should be similar to me, very helpless and helpless, can only compromise on their own. ”

Lawyer analysis: It is difficult to lock in suspects

Malicious P figure is suspected of insult and defamation

Article 1019 of the Civil Code stipulates that no organization or individual may infringe upon the portrait rights of others by means of defacing, defacing, or falsifying by means of information technology. Without the consent of the portrait rights holder, the portrait of the portrait rights holder shall not be produced, used or disclosed, except as otherwise provided by law. Without the consent of the portrait rights holder, the portrait right holder of the portrait work shall not use or disclose the portrait of the portrait right holder by means of publication, reproduction, distribution, rental, exhibition, etc.

In addition, according to Article 1033, except as otherwise provided by law or with the express consent of the right holder, no organization or individual may carry out the following acts: (1) harassing the tranquility of others' private lives by means of telephones, text messages, instant messaging tools, e-mails, leaflets, etc.; (2) entering, filming, or peeping into private spaces such as other people's homes and hotel rooms; (3) filming, peeping, eavesdropping, or disclosing other people's private activities; (4) photographing or peeping at the private parts of other people's bodies; and (5) handling other people's private information ;(6) Infringing on the privacy rights of others in other ways.

According to the above regulations, Li Guobei, a lawyer at Beijing Biyi Law Firm, pointed out that whether it is a photo of a girl stolen by a boy or a photo taken by a boy with the consent of a girl, it must not be used without permission without the consent of the portrait owner, let alone infringe on the privacy rights of others. "Under normal circumstances, the right to portrait and privacy are infringed, and the right holder can go to the court to file a civil infringement lawsuit, requiring the other party to delete the infringing content, apologize, compensate for losses, etc."

Li Guobei believes that cyberspace belongs to a public place in a certain sense, and if other people's pictures are published in cyberspace to achieve certain personal illegal purposes and meet the characteristics of picking quarrels and provoking troubles, they can be punished according to picking quarrels and provoking troubles. If there are follow-up P-figures to scandalize pictures and publish them, Li Guobei stressed that this has obvious intentions to prank others, suspected of violating the Public Security Administration Law, and is a public security violation. "Malicious P-chart is an act of blatant insult to others, if the photo is more private, it is also an act of spreading the privacy of others, with certain public security violations, and even serious circumstances, the police can make administrative penalties accordingly."

For some girls who encounter the situation that they fail to report the case because they cannot confirm the identity of the other party, Li Guobei believes that it is indeed difficult to lock the suspect, such as the overseas website server is not in the country, the operator is generally not in the country, and the police cannot contact the operator to extract the background data information, so the investigation cannot be carried out.

"However, if the suspect is a citizen of his own country or a foreigner in China, infringes on the rights of our citizens through the Internet, violates the administration of public security or is suspected of a criminal offense, it is not difficult to collect evidence from overseas websites, and China's public security organs have jurisdiction." Li Guobei also said that specific to which organ the police file a case against illegal acts, they must also meet certain conditions, one is to meet the criteria for filing a case, that is, to have certain illegal circumstances and seriousness, and the other is to have jurisdiction to file a case, including hierarchical jurisdiction and territorial jurisdiction.

"Of course, not all acts of distributing photos will be held responsible for violations of law and order or criminal offenses, and for general infringements, the police will judge and inform them to resolve through civil proceedings."

According to the situation of the interviewed girls, The Red Star News reporter found that pirated pictures and malicious P maps generally occur within the scope of people who have certain contact with themselves. Li Guobei said that if the girl determines who the publisher is through clues, the police will be targeted and more convenient for the police to file a case.

For personal information such as watermarks on the pictures, the photos carrying the characteristics of the woman's private information are uploaded to foreign websites and groups, resulting in the woman being harassed by a large number of netizens, Fu Jian, a lawyer at Henan Yulong Law Firm, believes that this has seriously infringed on the woman's right to information and is suspected of constituting the crime of infringing on citizens' personal information, while the malicious P-chart of some netizens is suspected of constituting the crime of insult and defamation.

In order to reasonably safeguard her rights, Li Guobei suggested that after a girl discovers illegal acts, the first thing is to fix the evidence, such as by taking screenshots, taking pictures, printing, etc., so as to facilitate the provision of evidence when reporting the case. The second is to check on suspicious people around them and narrow the scope of the complaint to a certain extent, so as to facilitate the police to lock in the suspect when they are subjected to the case. Fu Jian said that at the same time, it is also possible to intercept the information involved in the platform, contact and require the platform to remove it in time, call the police in time, and file a case for investigation and handling as soon as possible.

Column Editor-in-Chief: Gu Wanquan Text Editor: Yang Rong Title Image Source: Figure Worm Image Editor: Xu Jiamin

Source: Author: Red Star News