In the restaurant live diners are accused of portraiture rights infringement, is there a legal basis?

During the May Day holiday, Mr. Zhang, who lives near zaoyuan road in the west of xi ‘an, got into an argument with a web celebrity restaurant downstairs. “The web celebrity restaurant had a very good business during the holiday,” zhang said. “when I was having dinner with my family, I saw the waiter taking photos of us eating with our mobile phones, so I stopped. The waiter said that the restaurant was broadcasting on the platform and asked me not to quarrel.” “Without my knowledge, the restaurant broadcast live on a live broadcast platform the appearance of several diners including me eating. I think the restaurant violated my image rights.” “Mr. Zhang said.


In the era of “national live broadcasting”, live broadcasting is no longer just a way of entertainment for some young people or a way for web celebrity to make profits through live broadcasting. Instead, more commercial considerations have been taken into account, forming a complex business form. On a well-known video live broadcasting platform, there are many live broadcasting pictures of merchants. From the content of video, some restaurants broadcast the appearance of diners for the purpose of store promotion, which caused netizens to watch.

These live broadcasts with public places as the background are usually only informed by the units or personnel conducting the live broadcast, while those appearing in the live broadcast footage are completely unaware. They are unknowingly acting as others live “extras”, became to help some businesses to expand the influence, to solicit business “props”. Believe great majority person can resemble Mr Zhang same, agree with the practice of the businessman hard.

This kind of network broadcast without the public’s knowledge not only involves moral and ethical issues, but also involves legal issues, which is suspected of infringement. From the perspective of ethics and morality, when we eat and rest, it is inevitable that there will be some unsightly performance, I certainly do not want to let strangers see, but now the business through hidden cameras to the national network broadcast, or even become the object of ridicule by the Internet users, make fun of.

From a legal point of view, if the live broadcast of merchants is to expand their influence, it has the purpose of making profits and violates the right of portrait of the livestreamed person. Even if the business is not for profit, the use of other people’s portrait without the consent of the parties, unless there are legitimate reasons, such as news reports, public security organs “wanted”, otherwise it also constitutes the right to infringe portrait.

Some businesses or units do not know that this action is illegal, which shows that in the “national broadcast era”, our awareness of privacy protection has not kept up with the speed of information dissemination and development, which is bound to lead to high frequency of similar infringement problems. As a citizen, I should learn from Mr. Zhang in the news. When my privacy rights and interests are violated by the merchants, I will actively make my own voice heard and take up the legal weapon to protect my rights and interests when necessary. This is a kind of vigilance for the merchants and also a kind of law publicity. When such a growing number of the public, it will objectively on the business or individual broadcast behavior to bring constraints.