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Punishment for infringement of privacy and portrait rights

Legal analysis: You can ask the other party to stop the infringement and apologize. If the other party refuses, it may bring a lawsuit according to law, demanding that the other party stop the illegal act, compensate the losses and apologize. According to China's current legislation and relevant judicial interpretations, privacy interest is a personality interest explicitly protected by law, so if it constitutes an infringement of privacy interest, the actor should bear civil liability for infringement. In China, there are mainly the following ways of responsibility for infringing citizens' privacy:

1, stop the infringement

For the ongoing infringement, if the perpetrator is spreading the victim's private information and infringing on the victim's private life, the victim may request to stop the infringement to prevent the damage from happening or expanding.

Step 2 apologize

According to the Supreme People's Court's "Answers to Several Questions on the Trial of Reputation Right Cases", the restoration of reputation, elimination of influence and apology can be in written or oral form, and the contents must be reviewed by the people's court in advance.

3. Compensation for losses

The scope of compensation for the right to privacy mainly includes two aspects: first, the compensation for the mental damage suffered by the victim, and the compensation for other losses caused by the violation of the right to privacy, mainly referring to property losses.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1032 Natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public. Privacy is the private space, private activities and private information that natural people live in peace and don't want to be known by others.

Article 103 Unless otherwise provided by law or expressly agreed by the obligee, no organization or individual may commit the following acts:

(a) by telephone, SMS, instant messaging tools, e-mail, leaflets, etc. Disturb the private life of others;

(2) Entering, taking photos or peeping into other people's private spaces such as houses and hotel rooms;

(3) Shooting, peeping, eavesdropping or revealing other people's private activities;

(4) Shooting or peeping at the private parts of others' bodies;

(5) handling other people's private information;

(6) Infringe upon the privacy of others in other ways.