Research On The Tort Of Photographers

Tort of photographers;personal information right;freedom of speech The vigorous development of science and technology has provided a new engine for the social and economic development.With the popularization of the Internet and the rapid development of self-Media platform,the appearance of photographers is reasonable and conforms to the requirements of the times.Therefore,in the direction of information dissemination,the infringement of photographers has different characteristics of the mass media,and causes infringement on personal rights and interests such as personal information rights.Different from traditional media in terms of degree,performance and so on,new measures should be taken to deal with the problem of patron infringement.In terms of tort identification,the traditional media tort identification and patron tort identification are also different,and the subsequent review of the two should take different forms.With the development of modern technology and the popularization of camera equipment such as mobile phones,the short video pictures or live pictures taken by photographers are becoming the public opinion hunting ground which keeps pace with the mainstream mass media.They play an important role in guiding public opinion and values of minors.Photographers occupy an advantageous position in information dissemination,and the conditions of all parties are also unique.With the addition of network technology,photographers' behavior has the characteristics of fast dissemination,figuration,wide range and difficult examination.With the continuous improvement of the public's willingness to express themselves,the popularity of shooting equipment and the need of enriching people's spiritual life,photographers have become the most popular folk information disseminators among the audiences.This article attempts to take the patron's infringement as the breakthrough point,to explore the characteristics of patronage in the scope of personality rights and interests,and the differences between patronage and traditional media in the identification of infringement,characteristics and so on.The first chapter of this article lists two stages: the identification of the infringement of personal information rights by photographers and the different degree of infringement.Because photographers mainly infringe on images and short videos,while traditional media mostly infringe on words,and most of them are subject with journalistic qualification.When traditional media publish information,content is subject to stricter supervision and censorship.Besides the relevant industry regulations,there are no clear provisions in the current law for photographers.However,there are similarities and differences in the impact on the right to personal information,that is,from a small amount of information fragments to a certain degree of information aggregation,to become a collection of information,in which a single information can directly identify the natural person,or the information released by photographers and traditional media,including other people's sensitive information,in this case should constitute an infringement on other people's personal information rights.The second chapter compares the similarities and differences between the traditional mass media and the new type of photographers in the determination of the right to portrait,reputation,privacy infringement,relief methods and liability after the infringement,and puts forward new countermeasures.This paper mainly discusses how to protect the rights of portrait,reputation and privacy in the Internet age,how to deal with the increasing types of infringement of new infringement software from the media platform,and so on.There are many differences between patron infringement and traditional mass media infringement.The appearance of video editing software such as Fake app deepens the impact of patron infringement,enlarges its scope.The novel and rich machine learning technology is a double-edged sword.On the one hand,it can enrich people's entertainment life,but on the other hand,it also becomes a sharp weapon for a small number of people to infringe on other people's personality rights and interests.Chapter three discusses how to define the boundaries of a photographer when he exercises his right to freedom of speech.The rights are not boundless,and the freedom without boundaries means absolute non-freedom.Therefore,this article enumerates the exceptions to the infringement of personality rights by photographers: 1.When the disclosure of personal information of others is beneficial to social education and the parties voluntarily give up their corresponding personality rights,the photographers' shooting behavior in this situation should fall within the scope of freedom of speech 2.It is in the public interest of society,and social progress can not be separated from advanced ideas.Communication,if the shooting behavior is for the purpose of public education,scientific and technological development,it should not be included in the list of infringement.3.The information taken by the photographer can not be positioned to the individual,that is,it can not be positioned to a specific natural person,but as a background.This situation does not cause any loss of rights and interests,so it can not be regarded as infringement.Chapter IV discusses what responsibility network service providers should assume when infringement pictures and short videos are taken by others on the platform,whether there are exemption rules,and whether relevant measures can be taken to compensate for the loss of rights and interests of platform service providers and victims after the responsibility is assumed.From the discussion,it is concluded that network service providers should undertake audit obligations,but the audit obligations are not unlimited,but within the scope of their capabilities,using machine learning technology to review.Starting from the characteristics of patron infringement,this paper compares the difference between patron infringement and mass media infringement one by one.At present,there are no special laws and regulations to restrict the free speech of photographers in China,so there is a lot of room for them to play freely,and they often fall into the situation of infringing on the rights and interests of others because they have no boundaries.If a photographer takes pictures that infringe on the reputation or privacy of others through improper shooting methods and uploads them to self-Media platforms such as tremble,watermelon videos,microblog,etc.,how to use the existing technology to stop the loss more quickly and in a more efficient way in time,and how to restore the reputation of others is also a problem that machine learning can solve.As far as patron infringement is concerned,there is no clear legislation in our country.Because of its close connection with modern science and technology,it has the characteristics of anonymity,universality,convenience and interaction,so it is advisable to take legislative protection as the main protection mode,supplemented by industry self-discipline.What kind of responsibility should network service providers assume after the patron infringement occurs,and what measures should be taken to remedy the harmful consequences caused by patron infringement.How to use the most popular machine learning technology to replace the complex manual review and simplify the huge audit workload of network service providers is also a prospect of replacing part of the professional legal identification with advanced technology such as artificial intelligence in the future.