The production and sale of ＂grandmother and grandson jumping in line＂ expression packs broke through the boundary of public condemnation.
□ Our reporter Zhang Shoukun
"Why do you pull me?" "I’m going to cut in line." "We’re not easy to mess with" … … During the "May Day" this year, at the entrance of a scenic spot in Hengdian Film and Television City, Jinhua, Zhejiang Province, the mother-in-law and grandson were out of control and furious after being stopped from jumping in line. After the scene was filmed and uploaded to the network, it caused widespread concern among netizens.
As the incident continued to ferment, some netizens not only criticized the grandmother and grandson online, but also conducted a "human flesh search" on them, exposing a lot of personal information of the two; There are also netizens who "follow" the recent situation of the grandmother and grandson and upload them to the network; What’s more, the images of grandmother and grandson are made into comic car stickers for sale.
It is wrong to jump the queue, but in the face of some uncivilized behavior, do the people around have the right to shoot and post it online? Does the subsequent excessive "criticism" and "second creation" behavior constitute cyber violence and infringement? Around these issues, the reporter of Rule of Law Daily recently conducted an interview.
It is not illegal to shoot uncivilized behavior at will.
According to public information, in recent years, many places have set up uncivilized behavior exposure desks to expose illegal acts such as setting up stalls, occupying roads, speeding, running red lights, drunk driving, smoking in public places, spitting, etc. In some places, people are encouraged to shoot and upload uncivilized behaviors, and cash rewards are given after verification.
Then, when people encounter behaviors such as forcibly jumping the queue, refusing to listen to discourage smoking in public places, and occupying high-speed rail seats, can they be photographed and directly uploaded to the Internet for exposure?
The reporter combed the online comments about the exposure of Grandmother-in-law and Grandson, and found that most netizens supported the exposure of this uncivilized behavior, and even many netizens supported the behavior of "human flesh search" for Grandmother-in-law and Grandson, making expression packs and playing with stalks, calling it "defeating magic with magic". It has also been suggested that in the information society, such exposure has a great influence on the parties, even if it is uploaded, at least the parties should be coded.
In fact, it is not uncommon for people to expose uncivilized behavior online when they travel, which has repeatedly triggered heated discussions on the Internet.
On May 2, a child kicked the front seat on the high-speed rail several times. After the female passenger in the front stood up to remind him, the two sides had a dispute. The parents of the child swore at the female passenger and even slapped the female passenger in the face. The female passenger also returned. Some fellow passengers stood up and angrily criticized the parents. The above process was filmed and uploaded to the network.
A black car stopped suddenly when driving near the elevated green belt on the second ring road. The co-pilot window stretched out his hands and picked two Chinese rose flowers and left quickly. Adults take their children to stand on the park lawn and punch cards to take pictures, trampling on flowers and plants; Because of the problem of giving up her seat on the bus, pregnant women abused and began to beat Bao Da &hellip, who was unwell; … During the "May Day" this year, netizens filmed and exposed many uncivilized behaviors that "spoil the scenery".
Is it a violation of privacy to take pictures of uncivilized behavior and expose it online? In this regard, Han Xu, a professor at the Law School of Sichuan University, believes that privacy is a private space, private activities and private information that natural people live peacefully and don’t want to be known to others. The Civil Code stipulates six kinds of behaviors that infringe on privacy, and filming other people’s uncivilized behavior in public places is not one of them, so it is not an act that infringes on others’ privacy. People can take photos and upload them online at will without coding.
According to Chen Meng, director of the Professional Committee of Administrative Law and Administrative Procedure Law of Beijing Lawyers Association, the Civil Code clearly stipulates news reports, supervision by public opinion and other circumstances that affect the reputation of others, and uncivilized and illegal acts can be exposed online. From the teleological point of view, exposing uncivilized and illegal behaviors belongs to using public opinion to restrain, stop and abandon uncivilized and illegal behaviors and advocate good social morality, which plays a warning and educational role to some extent.
"Citizens’ exposure to uncivilized and illegal acts, as long as the purpose of public opinion supervision is justified, the means are reasonable, the truth is objectively recorded, and it does not exceed the necessary limit, there is no infringement problem. Specifically, you must not fabricate or distort facts, use insulting words to derogate from the reputation of others, and do your best to reasonably verify the seriously inaccurate content provided by others. " Chen Meng said.
The sale of expression packs and car stickers involves infringement.
"I’m going to cut in line, we’re not easy to mess with" "Translation cut in line, we’re not easy to mess with" "I tell you that I hate two kinds of people the most, one is to cut in line with our team, and the other is not to let me cut in line" … … In the past few days, cartoons and expression packs of grandmothers and grandsons have been circulated on the Internet, and e-commerce platforms have also begun to sell derivative images of grandmothers and grandsons.
On May 2, the reporter searched for keywords such as "cutting in line" and "car stickers" on the e-commerce platform, and more than 30 stores were selling car stickers with the theme of grandmother and grandson. After May 5 th, the search found that the related products have been removed from the shelves, but some merchants said that they can customize this car sticker. On the social platform, the cartoon images of grandmother and grandson are still spreading.
Do these acts constitute infringement?
"According to the Civil Code, if the person who uses the portrait is not profitable, it is only used to comment on the fact itself, and there are no other infringements, such as cyber violence, insult, slander, etc., it does not constitute infringement, and the consent of the parties is not required." Ma Lihong, a senior partner of Beijing Deheheng Law Firm, believes that if the expression packs made by netizens are suspected of defacing and defacing the image of queue jumpers, it may constitute an infringement of their portrait rights; If the merchant uses his portrait to make goods for sale without the consent of the parties, it is suspected of infringing the portrait right of the photographed person.
According to the Civil Code, natural persons enjoy the right to portrait, and no organization or individual may infringe upon the right to portrait of others by uglifying, defacing or forging by means of information technology. Without the consent of the portrait owner, the portrait of the portrait owner shall not be made, used or made public, except as otherwise provided by law. Without the consent of the portrait owner, the portrait owner may not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.
The reporter noticed that the incident of grandmother and grandson jumping in line has now extended from uncivilized exposure to a series of irrational behaviors such as cyber violence and "human flesh search". For example, on May 4th, some netizens recognized their grandmother and grandson in a restaurant, and talked about them from time to time and followed them all the way.
In this regard, Ma Lihong said: "Doing something wrong should be punished, but the punishment cannot be unlimited. Social death cases are ‘ Great things ’ . It is normal for uncivilized actors and lawbreakers to be condemned and criticized by public opinion, but public opinion criticism should have boundaries, through ‘ Human flesh ’ , network storm and other ways to make it ‘ Social death ’ , beyond the normal scope of public opinion supervision. Insulting, slandering or maliciously slandering them, if they exceed the border, may infringe on their reputation rights, causing serious consequences, and may even constitute insults and defamation, and bear criminal legal responsibility. "
In Chen Meng’s view, network exposure should be the supervision of uncivilized behavior, not for individuals. With the way of network exposure, uncivilized behavior and illegal behavior will be checked and balanced by public opinion. In a sense, it will push back the formation of consensus on observing rules in public space, and it can also urge relevant departments to change the extensive management and law enforcement and perform their duties more actively. This is the significance.
Shielding processing of information concerning minors
What is the right thing to do in the face of uncivilized behavior around us?
In Chen Meng’s view, the Internet advocates both freedom and order. Online platforms such as social software provide opportunities for the public to speak and protect citizens’ right to freedom of speech. However, while enjoying freedom of speech, the public should also be cautious and stick to the bottom line of law and morality. The purpose of supervision, on the one hand, is to let the public form a social consensus and take warning; On the other hand, it is to let the management department form a system to limit uncivilized and illegal acts.
"Some netizens think that there is often a lack of law enforcement behind the frequent network exposures. From this perspective, relevant departments need to increase law enforcement, improve the level of law enforcement and the quality of personnel, and be able to find and deal with uncivilized and illegal behaviors in the first time and avoid malicious fermentation on the Internet, even reaching an uncontrollable situation." Chen Meng said.
The reporter noticed that some social platforms have also set up related topics, such as # Uncivilized Behavior #, etc. There are a large number of uncivilized behaviors uploaded by the masses, and some of them have been broadcast over 100 million times. It is understood that some of these topics are set by the platform itself, and some are initiated by users.
Chen Meng proposed that social platforms should pay attention to three points when setting such topics: the uploaded information should be classified and classified, and the information of minors should be shielded to avoid harm to the physical and mental health of minors; Video clips, photos, etc. that can’t show the whole picture of the incident should be banned to avoid distorting the facts and taking them out of context, causing adverse effects; While strengthening the audit, we can promote the exposure of uncivilized and illegal behaviors in public security, transportation and other fields that are concerned by the society and the state focuses on governance, and promote the solution of problems.
"Each of us can be the supervisor of uncivilized and illegal behaviors, but this kind of supervision cannot break through the bottom line of morality and law. Moral problems should be solved by moral means, not by illegal acts that cross moral boundaries. The law is not omnipotent. In solving such small things as jumping the queue, we may need the power of public opinion supervision and moral condemnation. " Ma Lihong said that the real solution of such problems requires everyone’s participation, civilized life and civilized behavior, and jointly create and maintain a healthy and orderly social environment.
Comics/Li Xiaojun