Joke Collection Website - Blessing messages - How to report the violation of portrait rights?
How to report the violation of portrait rights?
You can negotiate privately first. Infringement of portrait rights can be brought to court if negotiation fails. The infringement of portrait right belongs to a civil dispute. Direct prosecution requires stopping the infringement. In judicial practice, the use of other people's portraits for non-profit purposes without the consent of others may also constitute an infringement of other people's portrait rights. Citizens have the right to portrait, and their portraits shall not be used for profit without their consent. If a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, he apologize, and he may demand compensation for losses. The right of portrait in the legal sense includes the personal interests enjoyed by the owner of portrait based on his portrait. It is clearly stipulated in the civil code that no one may infringe on the portrait right of others, so the infringed person can sue the infringer in court.
Legal basis:
Article 122 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Derivative problem:
How to deal with the infringement of portrait rights and how much compensation?
500 yuan shall pay 100 yuan for each case that infringes on the rights of personality such as name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%.
- Related articles
- Is it credible to borrow money from Huaya?
- Where is Apple's SMS center located?
- Can wechat send small programs in groups?
- Congratulations on the founding of the party on July 1, 223
- How can I thank you when I receive a Christmas present from someone else?
- How to delete all address books on Android phones
- 2022 Oktoberfest Promotion Plan
- Taurus has a crush on you.
- Just now, a phone message on the mobile phone showed that it belongs to Hangzhou Branch.
- I'm waiting for you to make 68 sentences.