What are the legal responsibilities of Wang Xinling for divulging
4hw.org: Wang Xinling, who was previously dubbed as a reaper by netizens, has dominated the search lists in recent days because of the private photo incident. The reason is that Yao Yuanhao, Wang Xinling's predecessor, released a large-scale private photo of Wang Xinling on Facebook. After Wang Xinling's experience of being destroyed again, what legal responsibilities should Wang Xinling's predecessor take?
According to Taiwan media reports, Wang Xinling [Weibo] on the 25th was shocked to release private photos. Yao Yuanhao confessed that it was taken during the interaction. Her agency said it would make a big fuss by informing the malicious disseminators. In fact, Wang Xinling has had a lot of good luck in her 17 years since she started her career. Three of them hurt her the most.
Wang Xinling's private photo outflow made a lot of noise. Some netizens pointed out that on her Facebook professional 'Beibu girlfriend', there was a picture of her wearing white cute and peach red underpants. At that time, she was sleeping with her face covered by her hands. The agent is honest that the photos were found to have flowed out one or two years ago. At that time, Yao Yuanhao was questioned. The other side thought her sleeping face was cute and took photos. I don't know why it flowed out.
When the spearhead is all directed at Facebook's professional 'girlfriend in the North', the leader of the fan group sent an article calling for injustice, saying that after asking all the responsible editors, the answer was that they didn't remember to read the article, and some netizens helped to clarify, confirming that they didn't read the article, and many doubted the source of the outflow photos. Some informed netizens revealed that the photo was actually released in 2016 by instagram account starting with y.
Wang Xinling was under great pressure of public opinion because of the exposure of her private photo with fan Zhiwei. The other side even revealed that she had been 'roughed up' and '17-year-old Wang Xinling didn't give him the first night', which made her dare not go out for two months. Now she is encountering a similar incident again. Although Yao Yuanhao said that there was no pictures of the outside world, the damage to her has already been caused.
In this regard, netizens also commented.
What responsibilities should ex boyfriend take if he infringes privacy (mainland China)
According to the current legislation and relevant judicial interpretation in China, the privacy interest is a personality interest which is clearly protected by law. Therefore, if it constitutes an infringement of the privacy interest, the actor should bear the civil liability for infringement. There are several ways to infringe upon the right of privacy in China:
(1) stop infringement
The victim may request to stop the infringement and prevent the occurrence or expansion of the damage result for the ongoing infringement, such as the aggressor is propagating the victim's privacy information, invading the victim's private life field, etc.
(2) apology
In accordance with the Supreme People's court's answer to several questions concerning the trial of cases concerning the right of reputation, the following two questions should be paid attention to when applying such civil liability:
(3) compensation for losses
The scope of compensation for the right to privacy mainly includes two aspects: first, compensation for the mental damage suffered by the victim; second, compensation for other losses caused by the infringement of the right to privacy, mainly refers to property losses.
In the application of law, the article 120 of the general principles of civil law should be applied by analogy. The ways of civil liability for infringement of privacy interests should include cessation of infringement, elimination of influence, apology and compensation for loss. In case of infringing upon the privacy of others and causing property losses, full compensation shall be made in accordance with the principle of full compensation. In case of infringing upon the privacy of others, causing mental damage to others, and causing serious consequences, the victim shall have the right to request compensation for mental comfort. The amount of compensation for mental solace shall be determined according to the subjective fault degree of the aggressor, the specific circumstances, consequences and influence of the aggressor, the profit situation of the aggressor, the economic bearing capacity of the aggressor and the local average living standard of the court to be sued.
How to protect privacy?
There are three ways to protect the right of privacy in the civil field
(1) direct protection method. The law recognizes the right of privacy as an independent personality right. When the individual privacy right of citizens is infringed, the victim can seek legal protection and relief with the infringement of privacy right as an independent cause of action. This is the direct protection of privacy. Such as the United States, Germany.
(2) indirect protection method. The law does not recognize the right of privacy as an independent personality right. When the privacy right of citizens is infringed, the victims can not seek legal protection and relief with the right of privacy infringement as an independent cause of action, but can only seek protection and relief from other causes of action (such as reputation damage, illegal invasion, etc.). This is the indirect protection of privacy, such as the UK.
(3) summarize the protection methods. In civil law or relevant laws and cases, the protection of human rights or human dignity is generally stipulated, without listing specific contents, and the right of personal privacy is still protected in practice, such as Japan.