Introduction
Can you accept being "live-streamed" without knowing it? How should you protect your rights if you find that there is a camera that may be exposing your privacy? Recently, some media reported that a tourist was unknowingly captured by the live broadcast camera of the merchant when he was soaking in a hot spring in a resort, and conducted a live broadcast. Although the merchant later deleted the video containing the tourist under negotiation between the two parties, many netizens still complained about similar scenes. In the current popularity of live interaction, many businesses choose to live broadcast consumption scenarios on online platforms to achieve the purpose of drainage, buy consumption vouchers and other purposes, how to ensure that the legitimate rights and interests of consumers are not infringed in normal business practices?
Searching for live broadcast on an online platform, there is no shortage of business live broadcast rooms, and some anchors use virtual backgrounds when introducing products, but there are also many anchors who directly set up their cameras in the consumption scene. Outdoor camping lawns, flower botanical gardens and even hot spring swimming pools have all become the images of the live broadcast.
Media reports that tourists are "live-streamed" / The picture comes from the Internet
There are people barbecuing in the picture, tourists visiting the park, and even consumers in swimsuits, judging from the live broadcast screen, the camera seems to be some distance away from the tourists, and the tourists don't know whether they know about the live broadcast or not.
The live broadcast screen of a merchant on a certain platform (the mosaic in the picture is coded by the reporter, and the original live broadcast screen has not been processed) / The picture comes from the Internet
In random interviews with citizens, although everyone has different opinions on being on camera during the live broadcast of the business, they basically mentioned that they want the other party to inform them in advance.
Citizen 1: Once I took my children to play in the naughty castle, a few anchors didn't tell me in advance and just filmed them and posted them on the Internet, and then I found them and asked if they could mosaic me and my children before posting them, respecting the privacy of others.
Citizen 2: If you had told me in advance that this was a live broadcast that I would have been filmed, I might have felt that it didn't matter, and if I hadn't said it, I might not be very happy. Because now AI face recognition or something, the theft of some personal information may be more powerful, so I will worry about this aspect.
Citizen 3: In a more private place like a hot spring pool or a bathing center, I don't want to be in the camera when he says hello. However, if you are in a restaurant or shopping, you can be in the form of a passerby, provided that he greets him.
Netizen comments/The picture comes from the Internet
At present, on the online platform, it is not uncommon for businesses to use consumers' real scenes to attract traffic, so what legitimate rights and interests of consumers may be infringed upon in the process of live broadcasting?
Zhao Zhanzhan: It mainly involves infringing on the portrait rights and privacy rights of others. Without the consent of the portrait rights holder, the portrait of the portrait rights holder must not be produced, used, or disclosed. The scope of a citizen's right to privacy includes private information, private space, and private activities. For example, if he is in a certain space, although this space is not a completely enclosed private space, some of his activities (such as swimming in a swimming pool) have a certain private nature, and filming scenes of such activities without his consent is also suspected of violating the privacy of others.
The live broadcast screen of a merchant on a certain platform (the mosaic in the picture is coded by the reporter, and the original live broadcast screen has not been processed) / The picture comes from the Internet
Zhao Zhanzhan also advises merchants to:
Zhao Zhanzhan: If the merchant wants to shoot others in the camera during the live broadcast, it must be agreed by the other party and ask in advance. Or use some technical means to process it, so that specific faces and other information are not clear.
If consumers find that a business is conducting a live broadcast without their permission and including consumer footage, how can consumers protect their rights and interests?
Zhao Zhanzhan: First of all, you can negotiate with the subject who infringed on his rights, ask him to stop the infringement, and even ask him to apologize, and if necessary, you can ask him to compensate for his losses; if you can't achieve your goal of protecting your rights, you may need to file a complaint with the live broadcast platform. The live broadcast platform is required to deal with the anchor or the operator of the live broadcast room accordingly. There is a service agreement between the operator and the live streaming platform, which is also subject to the rules of the platform. If he violates the relevant agreements and regulations, then the live broadcast platform can impose penalties on him in the nature of liability for breach of contract, such as account blocking, current restriction, etc.;
The live broadcast screen of a merchant on a certain platform/picture comes from the Internet
Some citizens also suggested that live footage can also be seen at some news scenes, and some citizen footage will also appear. What is the difference between this type of live broadcast and the live broadcast of merchants?Where is the legal boundary of "forced on-camera" live broadcast? Zhao Zhanzhan said:
Zhao Zhanzhan: The use of the portrait of another person is a fair use in some cases, such as news media reports, and the news scene involves the shooting of relevant news photos, in which case it usually does not constitute an infringement of the portrait rights of others. However, if a business takes pictures of others in the process of live broadcasting without consent, it obviously does not meet the scope of proper and reasonable use.
(Please indicate the source of this article and the information of reporters, editors, etc.)
Content source: Beijing Traffic Radio reporter editor Suning, editor-in-chief Zhu Laisheng
Editor: Liu Huiming
Editor-in-Chief on duty: Che Shui
Producer: Zhao Peng
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