Good day, landlord.
I did some research online to try to find answers to the question of whether it is infringement to have someone's photo posted on a friend's circle. So far, the information I have found suggests that...
It is worth noting that the use of another person's portrait for profit without consent before January 1, 2021 may be considered an infringement of rights. However, starting from January 1, 2021, the Civil Code has expanded the content of personality rights, including the right to privacy and the right to a portrait. This has led to a notable increase in the scope of these rights compared to before. It is important to be mindful that using or disseminating another person's portrait without their consent, even if it is for non-profit purposes, could be viewed as an illegal infringement if it causes harm to the person concerned.
It is possible to protect your rights through legal channels, but it is advisable to seek advice from legal professionals regarding the details of the law. This is to ensure that you are aware of the specific steps you need to take to prove that the dissemination of these photos of you has caused you harm.
If you find yourself in such a situation, it might be challenging to pursue legal action. For instance, if you are photographed from behind and the girls do not use verbal violence against you on their Moments posts, it might not be evident whether it causes you harm. There could also be other hurdles to overcome. For example, minors have limited legal capacity and cannot independently exercise their right to litigation. If you wish to be the plaintiff, you would also require a legal guardian, that is, your parents, to act as your legal representative.
It might be helpful to consider consulting a lawyer before making a decision, given the potential time and energy requirements of legal proceedings.
If you'd like to find a solution without involving the legal system, I suggest reaching out to the girls to understand their perspective. Since you mentioned they send you photos, it's likely you have their WeChat accounts.
You might consider asking them via WeChat. Once you've gained a better understanding of their needs, you could express your knowledge and understanding of those needs. At the same time, you could also be honest with them about the difficulties you've faced as a result of these practices.
It may be helpful to consider that the clearer you express the negative influence or feelings you have experienced, the more likely they are to understand. Similarly, the clearer and more determined you express your desire for them to stop, for example by firmly asking them to delete your photos from their circle of friends, the more likely they are to stop. If necessary, warning them that this may violate the law also has the effect of prompting them to stop.
It seems that teenagers of this age group have a tendency to think in an egocentric manner. This could mean that they believe that if they enjoy taking photos and posting them, others will also enjoy them. It's possible that this is also how they view the photos you've seen. Even though he said he didn't like it, he hasn't seen the results and might have a different opinion if he did.
It's possible that they don't have much familiarity with this aspect of civil law, and they may have a somewhat limited sense of privacy and portrait rights. They might believe that because they find you attractive, it's also interesting to take a picture, and that this doesn't cause you any harm.
It might be helpful to try a few more times. You could consider using different words to express to different people in different communication situations the negative impact they have on you. You could also express your unwillingness to be treated this way. After a few times, they may gradually understand that your feelings and wishes are very different from what they imagined. They may then begin to realize that their enthusiasm is at the expense of your unhappiness. It's likely that this was not their original intention to take and post pictures online. Once they understand this, it may be a very natural choice for them to stop doing it.
Another approach you might consider is to refrain from responding and allow things to naturally evolve when their interest wanes.
It is important to remember that minors have a wide range of interests. Their interest may be aroused, whether positively or negatively, depending on how you respond to them. You may have had a similar experience: the more you avoid doing something, the more you may be drawn to it.
It seems that you have already expressed your dislike. They may be motivated to continue persuading you that it is fun because of your response. If you insist on not responding to this matter, they will naturally stop after their interest in playing for a while has worn off. However, this requires you to put up with them taking as many photos as they like and posting them on social media before they stop. You may wish to consider whether you are willing to do this.
If you have tried both methods and they still refuse to stop, you might consider informing them of the relevant legal information about portrait rights and using your own circle of friends to help you.
You might consider using screenshots of the chat history with them and the photos they posted of you in their Moments as supporting evidence. It may be helpful to write clearly about the unstoppable sequence of events and post it in your own Moments, appealing to them once again to stop the infringement and stating that you reserve the right to take legal action if they do not delete the photos of you in their Moments. You can also decide which parts to post and how many times to post them in your Moments according to your own needs.
It would be advisable to remove any personal information that may be available, depending on the circumstances, as this could also be a matter of privacy.
I believe that not being deprived of one's will is a fundamental right of the individual, though I am uncertain as to how it relates to the law. To illustrate this with an analogy, a thief who only steals the change in your pocket is not generally considered to have caused you significant harm. However, the reason it is considered a crime is because the act was done without your consent, and it was against your will. Furthermore, the money in question still belongs to you as an individual.
While your portrait is not tangible property, it is also part of your personal belongings. Therefore, it cannot be "stolen" or taken away by others without your consent and for their own use. By taking it for their own use, it means that the person can use it as they wish, just as the thief who stole the money can use it as they wish.
I'm sorry to say that this is a deprivation of your personal rights.
You are, of course, entitled to defend your legal rights yourself and through the law. However, it is also important to take responsibility for not having your personal rights violated. There are other options in this process, such as turning to school teachers and administrators, and you can also ask parents to get involved. Perhaps you could consider coming up with more and better solutions.
I'm grateful that you've already expressed your feelings and wishes to the girls directly and politely. Perhaps if you do it a few more times, they'll understand. It can be challenging for us to learn to understand others. What you're doing is also helping those girls learn and grow. Thinking about and trying unpleasant things can be a way to grow personally.
That's all for now. I love you and I'm here for you.
Comments
I understand this is really tough and it's important to set boundaries. Have you tried talking to a teacher or counselor at school about this situation?
It sounds like you're feeling quite harassed. Maybe it's time to involve your parents or guardians so they can support you.
You've made it clear that you're not interested, yet the attention continues. Perhaps directly addressing the group might help them understand how uncomfortable this makes you feel.
This must be very stressful for you. It might be useful to document every incident and present this log to the school administration to show the extent of the issue.
It seems these girls aren't respecting your wishes. You might want to consider blocking them on social media if you haven't already, to limit their ability to post pictures of you.