Research On Tort Liability Of Privacy Right In Live Video Streaming

2016 is known as the first year of the live video streaming,the number of live video streaming platform and users doubled and redoubled,the network broadcast industries is thri-ving,however,The problem of privacy tort in the live video streaming bursts out and become more and more serious.To strengthen the research on the liability of privacy tort in the live video streaming is the requirement to protect the individual basic right,and is the premise to build a good network environment and to promote the development of the network industries.The research on the tort liability of privacy in live video streaming is very important and imperative.Privacy tort in the live video streaming refers the live webcast providers,users,suppliers of equipment and hackers publish real-time information to the public with video,audio,graphics and other forms on the internet,causing unreasonable publicity of personal information and unreasonable interference of peace of personal life.Due to the characteristics of technology and system of the live video streaming,the privacy tort in the live video streaming is far more complicated than the traditional privacy tort.The particularity of privacy tort in live networks makes its elements extremely distinctive.As far as the illegal act is concerned,the illegal acts of privacy tort in the live video streaming include not only the traditional positive privacy infringement,but also the negative privacy infringement.As far as the damage is concerned,the result of damage includes not only the mental damage,but also the property damage.Privacy tort in the live video streaming is commercial.From the point of view of causal relationship,tort of privacy in live video streaming requires the causal relationship of illegal act and damage results.But their causal relationship of burden of proof is easier than traditional privacy infringement's.According to the distinct way of privacy tort in live video streaming,there are different requirement for fault.The privacy tort need fault elements when users violates the privacy of others directly or platforms conduct helping tort as transmission channel.In contrast,there is no need for fault,when strong subject in the live video streaming,like platforms,providers of equipment,and hackers infringes others privacy directly in their own behavior,through using the advantages of technology,equipment and economic.What is noteworthiness is that The defense of privacy tort in the live video streaming includes not only the traditional consent of the victim,the fault of victim,the fault of third person,the need of public interest,but also the reasonable allocation of personnel,equipment and technology,the necessary measures,the technical force majeure and so on.Considering the diversity of the subject.the particular way of way of tort,long-term development and so on,there are different imputation principles in the live video streaming,The specific commitment of responsibility should also be divided into solitary responsibilities and corporation responsibilities based on the different ways of different subjects.