News playbacking
In 2010 Spring Festival just crossed, a section of ungraceful video frequency starts in the online insane biography, the content is a female model and boyfriend’s intimate lens, the criterion is bold.
The net friends described that this is in 2010 the model circle head “colorful aperture” event, in the video frequency leading lady has “Chinese first Che Mu” name Zhai Ling (beast).
Beast “colorful aperture” disturbance has not subsided, Guangxi guest tobacco monopoly bureau original bureau chief Han Feng “romantic diary” is taken to the threshing ground.
On February 27, 2010, alias was “including fairy maiden” the net friend, sent the placard at the horizon forum, announced Han peak part individual diary. The diary demonstrated that Han Feng when being appointed the Guangxi guest tobacco monopoly bureau chiefs, once with many female subordinates and colleague had the improper sexual relations, meanwhile has the bribery and corruption fact.
After involving this bureau chief, this event has the duty change, adjusts the Guangxi tobacco monopoly bureau to work as department head.
While makes the commentary to these matters, how carried on the protection also to become more person matter of concern to the right of privacy.
Legal anticipation
The law to protecting the personal privacy has He Xiangying to stipulate that what the right infringement person will receive to punish?
The attorney explains
Privacy including four aspects
In Beijing Run law office executive director Wang Jie said that the right of privacy refers to in individual life domain the matter not the right which learns about and forbids other people for other people to interfere, generally should contain the following content.
1. individual life peaceful power. Namely the subject of object can be engaged in either not be engaged in some kind according to own will to have nothing to do or the harmless activity with the social public interest.
2. individual life information secret power. The subject of object is authorized to forbid other people illegally to use individual life intelligence information. Height, body weight, feminine measurements, medical record, hobby and so on. In addition, do not disclose other people’s love history without the consent.
3. personal communication secret power. Namely the subject of object is authorized to individual the letter, telephone and other content security, forbids other people to intercept illegally or to steal.
4. personal privacy use power. The subject of object is authorized to act according to individual will to use its privacy legally, to be engaged in each kind to meet own needs the activity.
The right of privacy law had not stipulated
Classification in “right of reputation” within
Attorney Wang Jie said that our country current law and related judicial interpretation have not listed the right of privacy as the personality power’s one kind alone, but takes it as the right of reputation to protect.
“General provisions of the civil law” stipulated that citizen and legal person enjoys the right of reputation, citizen’s personal dignity the legal protection, forbids with insult, slander and other ways to harm the citizen and legal person’s reputation.
If the disseminator belongs to malicious manufacture dissemination privacy, must shoulder the civil indemnity liability to the privacy content main body, for example is requested to stop infringing upon the right, apologizing and pays indemnity for the opposite party corresponding spirit damage and so on. Because and its behavior constitutes the harm to the society, its need shoulders the responsibility.
If the social order question, but should also rest on “Public security management Punishment law” carries on the punishment.
If encroaches upon other people right of reputation circumstance to be very serious, will also possibly constitute the insult crime or the libel, should investigates the legal responsibility based on our country “Criminal law”, will be condemned below 3 years set term of imprisonment, to imprison or to control.
Passes on other people undisguised privacy
Is dissemination pornographic material
Attorney Wang Jie said that sometimes because disseminates the content which other people privacy involves to be private, in to the social public widespread dissemination, these contents is very possibly incorporated into is the pornographic material, then should encroach upon other people privacy the behavior to have the possibility to denaturate.
In real life, some network operators to increase the click rate, after obtaining the above privacy content carries on the duplication dissemination, even trades. This behavior constituted the manufacture, duplication and publication, to trade, the dissemination pornographic material seeking money crime, according to the plot weight, condemns the penalty and fine.
But speaking of the common network user, although took by no means seeking to make a profit as the goal, but disseminated the pornographic material to achieve the certain amount, caused the certain extent social harm, still had the possibility to constitute the dissemination pornographic material crime, needs to investigate certain legal responsibility.
Some time ago, a Beijing man because of through mailbox transmission link, dissemination “beast beastly gate” 3 sections of pornographic video frequencies, by police administrative detention.
This version writes/reporter Cheng Yao
(This article originates: Legal system evening news) 