On April 15, 2025, a Chinese language teacher, Ms. Zhang, made headlines after reporting an incident involving a street photographer in Shanghai's Anfu Road. The teacher claimed that the photographer had taken her picture without her consent, igniting a heated debate about privacy rights and photography ethics in public spaces.
In a video shared on social media, Ms. Zhang expressed her frustration, stating, "At such an age, taking candid photos on the street without any purpose is unacceptable! You don’t have the right to photograph anyone passing by." She further elaborated on her role as a teacher, emphasizing that she usually maintains a calm demeanor but felt compelled to speak out due to the nature of the incident.
According to Ms. Zhang, the photographer was using a low-angle shot, which made it easy for her legs to be exposed. This method of photography, she argued, was not only intrusive but also disrespectful. "As a teacher and a woman, I urge the public to pay attention to the ethics of photography in public places and to resist infringement when it occurs," she said.
The video quickly spread across various platforms, gathering mixed reactions from the public. Many viewers sided with Ms. Zhang, asserting that street photography should not be done without the subject's consent. One commenter noted, "Street photography isn’t just about snapping pictures; it requires respect for the individuals being photographed." Others, however, argued that as long as the photographs do not harm the subject's image or are not used for commercial purposes, street photography should be permissible.
Legal experts weighed in on the situation as well. Li Xiaoliang, a lawyer from Jiangsu Tongda Law Firm, pointed out that the photographer's actions could potentially infringe on Ms. Zhang's privacy and portrait rights. He referenced Article 1032 of the Civil Code of the People's Republic of China, which states that individuals have the right to privacy. This law protects personal space and activities that individuals wish to keep private.
Additionally, Li highlighted Article 1019 of the same code, which prohibits any organization or individual from infringing on another's portrait rights through defamation or unauthorized use of their image. He explained that since the photographer did not have Ms. Zhang's permission, the act of photographing her could be seen as a violation of her rights.
Moreover, the Law of the People's Republic of China on Public Security Administration Punishments outlines penalties for actions like peeping or taking secret photographs. According to Article 42, such behaviors can lead to detention for up to five days or fines of up to 500 yuan. Li suggested that if Ms. Zhang chose to report the incident to the authorities, the photographer could face legal consequences.
Li Xiaoliang advised photographers to familiarize themselves with laws regarding portrait and privacy rights, stressing the importance of obtaining consent before taking photographs of individuals. He also urged those being photographed to be proactive in protecting themselves, encouraging them to speak out against inappropriate photography and seek assistance if necessary.
In a related legal case, director Liu Xinda faced scrutiny after he inquired about and published Lin Shengbin's flight records, which led to a court ruling that he had infringed on Lin's privacy rights. The second instance court upheld the original judgment, which found Liu's methods of obtaining the information to be illegal.
Liu, dissatisfied with the ruling, filed for a retrial with the Beijing Higher People's Court. He argued that his actions constituted legitimate public opinion supervision. However, the court maintained that disclosing such private information violated Lin's rights.
The controversy surrounding Liu's case echoes the broader discussion about privacy in the digital age, where personal information can be easily accessed and shared without consent. The case has drawn attention to the need for clearer regulations regarding the use of personal data and the ethical considerations surrounding public disclosures.
In Liu's case, the court noted that he had obtained Lin's travel information without authorization and published it on a public platform, raising questions about the legality of his actions. Liu's defense claimed that his inquiry was motivated by skepticism toward Lin's previous statements regarding his whereabouts during a high-profile incident in 2017.
As the legal landscape continues to evolve, both cases highlight the importance of understanding and respecting privacy rights in an increasingly interconnected world. With the rise of social media and the ease of sharing images and information, individuals must navigate the fine line between public interest and personal privacy.
As public discourse around these issues grows, it becomes essential for society to foster a culture of respect for individual rights, encouraging both photographers and the public to engage in ethical practices that safeguard personal dignity.
Ultimately, as Ms. Zhang and Liu Xinda's experiences demonstrate, the conversation about privacy rights is far from over. It calls for a collective reflection on how society values personal space and the ethical implications of sharing information in the digital era.
