Recently, a video of Chinese making trouble in the UK was reported by various media in the world, causing overseas people to further stereotype and negative impressions of Chinese.
The reason for the incident is that Brendan Kavanagh, a British pianist with more than 2 million followers on Youtube, recently shared a clip, pointing out that a few days ago, he publicly played the piano in a department store in London and broadcast it live, but was interrupted by a group of people claiming to be "from China TV", and asked Cavanagh not to shoot and abide by Chinese laws. The group demanded that Kavanagh stop filming, claiming they did not want to be recorded because "Chinese law does not allow it."
Confused and puzzled, Kavanagh explained to the group that he was abiding by British law, which meant that filming in public places was permissible, and that the latter were quite adamant about their "right to image".
This incident has aroused heated discussions among netizens around the world in the past two days, among which Liu Mengying, a woman holding the national flag when she negotiated with Kavanagh at the scene, also filmed the latest film "Restore the Scene". Liu Mengying said that she and her team went to the mall to shoot a Chinese New Year video for a self-media, which was required to be kept confidential.
It is reported that one of the bridges is to use the piano in the mall to play, but Liu Mengying said that when they arrived at the scene, they found that Kavanagh was using the piano, originally thought that he was just an ordinary person, and he might leave after 10 minutes of playing, but found that Kavanagh continued to play, Liu Mengying and his party waited for more than 40 minutes and decided to come forward to negotiate with Kavanagh.
Another woman featured in the film is named Zhang Ning, who founded Adelina Fashion Culture Media and currently serves as the company's UK director. On that day, they were filming a special program for the Spring Festival Gala of overseas Chinese, and because they had signed a confidentiality agreement, they could not be exposed in advance, so they came forward to ask the pianist to delete the clips with them.
Zhang Ning repeatedly emphasized that she was British, not Chinese, and was questioned by Kavanagh why she was holding a Chinese flag in her hand when she was British, and touched a small red flag with her hand, and was immediately repeatedly roared by a Shenyang man, accusing Kavanagh of "sexual harassment" and "racism". Despite his tough attitude, the man's accusations do not seem to stand up to scrutiny. The incident eventually led to the intervention of the local police, who, after listening to Kavanagh's statement, then took the group of "Chinese" aside for a conversation while Kavanagh continued his piano playing.
After this video was released on YouTube, it was quickly reposted wildly, and it was also reprinted and reported by major international media, and sparked heated discussions. In the eyes of many, Kavanagh's response to vexatious provocation is commendable, and the "little pink" request is ridiculous and rude. The behavior of this group of little pinks has further deepened the negative impression of Chinese in the world, and some netizens said that the style of making a big noise and buttoning up hats when they disagree is feasible in China, but it will not work abroad.
At present, on Weibo, Douyin and other platforms, many domestic netizens have also commented on this matter. Some netizens said, "It's really embarrassing, I can't manage myself well, and I manage others"; some netizens said that this incident reminded him of the "Chengdu Hand-in-Hand Door Incident", and some people said that "the children of corrupt officials, of course, are afraid of exposure", and "I didn't want to be in the camera, but I ended up being the protagonist".
"Passive entry" generally does not constitute infringement
Paragraph 2 of Article 1019 of the Civil Code stipulates that, without the consent of the portrait rights holder, the portrait rights holder shall not use or disclose the portrait of the portrait right holder by means of publication, reproduction, distribution, rental, exhibition, etc.
As for the definition of whether it constitutes tort liability, it is necessary to analyze it according to the specific circumstances. A large part of the original intention of the establishment of portrait rights is based on the state's guarantee of citizens' "peace of mind". Pure filming, without being made public or for profit, and without affecting the "peaceful life" of others, is difficult to define in law to constitute tort liability.
It is illegal to infringe on the portrait rights of others if they are defaced, commercially used, or used or disclosed without the permission of the portrait rights holder, and if they continue to photograph or secretly photograph the intimate parts of the body of others despite the objections of the person being photographed, it is an illegal act to infringe on the privacy rights of others.
Yi Shenghua, director of lawyer at Beijing Yong Law Firm, said: "The regulations in this regard can be summed up in four words: public interest. Consent is not required for teaching and research, news reporting, performing public duties, displaying specific environments, etc. ”
On June 7, 2023, a video of Hu Moumou, the head of a company under PetroChina, and his female employees holding hands and shopping on the streets of Chengdu was posted online, which attracted widespread attention. Yi Shenghua believes that the street photography behavior in the Chengdu hand-in-hand incident does not involve privacy, "because it is a public place, the behavior of the parties should conform to the norms of public conduct, and there shall be no behavior that violates public order and good customs." If so, it is deemed that they agree to accept social supervision and evaluation. ”
Do passers-by have the right to request the deletion of the video?
Nowadays, there are more and more people engaged in the live broadcast industry, and many people can often be seen on the street holding mobile phones live broadcasting, which inevitably raises the question - passers-by enter the filming footage, so can passers-by request to delete the video on the grounds of privacy?
First of all, the infringement of portrait rights in countries around the world is basically based on "publication, reproduction, distribution, rental, exhibition, etc., using or disclosing the portrait of the portrait right holder". Therefore, the recording of footage in public does not infringe the right of portraiture. This does not mean that the photographer can use the photograph of a passerby at will, if the passer-by who enters the camera asks the photographer to prohibit the disclosure of his or her portrait, the photographer should not disclose the portrait of the passerby, and if it is disclosed without permission, it is an infringement of the portrait rights of the passerby. However, there is no provision in any national law that requires people filming in public to delete videos or photos.
Therefore, if you are inadvertently recorded in a video by someone else in public, you should negotiate with the other party not to publish the video or put a mosaic on your face, as long as the other party does not post the video publicly or chooses to manipulate your likeness after publicization, you have no right to ask the other party to delete the video.
For the video, see: Legal.com: https://luexu.com/w/12295976812579