Nowadays, self-portrait has become an indispensable part of many girlslives. But have you ever thought that self-portraits posted on social platforms might become a tool for micro-business fraud? Is it even used by criminals to promote pornography? A media survey found that on the Internet platform, you can buy 35 womens life photos at a price as low as 19 yuan. Some pictures are even printed on small cards.
Every reporter Li Keyu and every editor Li Jinghan
Every time photographed by journalist Li Keyu
Nowadays, self-portrait has become an indispensable part of many girlslife: self-portrait for enjoying afternoon tea, self-portrait for watching ballet and self-portrait for visiting famous mountains and rivers... .
When you take out your self-timer and look carefully, and show off these pictures on Weibo and Weixin, you get dozens of comments on Meimeida. Have you ever thought that these self-portraits posted on social platforms may become tools for micro-business fraud? Is it even used by criminals to promote pornography?
Recently, such a news has aroused a heated discussion among netizens, especially female netizens.
A media survey found that on the Internet platform, you can buy 35 womens life photos at a price as low as 19 yuan. Some pictures are even printed on small cards.
How did such a terrible thing happen? In response, the Daily Economic News (Nbdnews) reporters launched an investigation.
Private photo sales go underground
Nbdnews reporter opens an e-commerce platform and searches for the keywords mentioned in the report to solicit business. From the search results, the e-commerce platform has cleaned up the keywords, and the reporters have not searched the shops that sell private photos.
However, some online stores continue to sell large quantities of photos suspected of violating other peoples privacy in a more covert way. For example, an online store sells so-called breast enhancement contrast maps at a price of 2.88 yuan. Its page description claims that these photos can be used for copywriting materials of breast enhancement products sold by micro-merchants.
Every time photographed by journalist Li Keyu
After the reporter contacted the seller and successfully purchased, he received a web link, which was opened for about 50MB of picture material. It contains more than 300 pictures of women with plump breasts, mainly life photos and self-photos. Most of these pictures are rough and have obvious signs of piracy from the Internet. When inquiring about customer service in online stores, customer service also clearly indicated that these pictures were collected online.
But for the reporters query, customer service also stressed that these photos will not have infringement problems, but after looking at these photos in detail, the reporter found that many of them can clearly see the photographers facial features, clearly show the image of the photographed person, so that inevitably involves the issue of portrait rights.
In addition to the so-called breast enhancement contrast map, the shop also sells acne elimination contrast map and whitening contrast map and other products. From the public information, there is no so-called Beauty Life Photo. But after contacting customer service, the reporter found that the product was still sold underground. According to customer service, if you want to buy this kind of product, you need to add a micro-signal, after sending a red envelope to it, you can get further information.
In another online store, sales of so-called circle of friends photos are relatively less obscure. On the home page of the shop, there is a link called real cover girl of Weixin circle of friends.
However, due to similar news reports in recent years, the customer service of this shop is more cautious. When the reporter asked where the photos were from, the customer service did not reply. However, the reporter found on the online store page that it clearly indicated that these photos were collected by the network.
Grabbing No Benefit, No Benefit for Network Pictures
Where does the picture come from? Daily Economic News (Nbdnews) reporter noted that online businesses, with the help of tools, can collect a large number of pictures in a cost-free way for profit.
After searching online, reporters found that there are many tools that claim to be able to collect photos in batches on multiple platforms, such as micro-blog, and some even free of charge.
In this kind of software, as long as the users photo album address is input, the pictures can be exhausted in one net. Lets take a well-known female stars microblog as an example. As long as you enter a link to her album, you can automatically download all the pictures in the album. In addition, users are free to choose the number of pictures they want to grab: for example, if you enter the option of grabbing 1-3 pages of pictures in the software, the software will automatically catch all the first three pages of pictures in the female stars micro-blog album.
Mass Graphics Tool (Every Photo by Reporter Li Keyu)
Photographs become a tool for fraudsters to pretend to be beautiful women
Whats the use of buying these private photos? Reporters from the Daily Economic News (Nbdnews) learned that, in addition to the pictures mentioned in the reports being printed on small cards, they were also used for micro-commerce advertisements or false propaganda. For example, in the so-called breast enhancement material map folder purchased by reporters, hundreds of so-called breast enhancement product advertisement copies were attached in addition to female pictures.
It is worth mentioning that in the recent Wechat Tea Sale scam repeatedly seized by public security organs, a large number of young womens life photos and self-photographs are also commonly used tools by fraudsters. Some micro-signals use the above-mentioned ways to buy photos, pretend to be beautiful women to deceive the trust of the other side, and then sell low-cost tea for various reasons, thus succeeding in the fraud.
For example, in June this year, the Public Security Bureau of Huizhou City, Guangdong Province, issued a message saying that a huge telecom network fraud criminal gang using Wechat to make friends was successfully eliminated.
According to reports, the suspect used Wechat to disguise herself as a tea seller to publish false information to make friends, and then fabricated family tragedies, birthdays, lovelorn and public fried tea to obtain sympathy from micro-credit users, and sold tea at 580 yuan, 880 yuan, 1280 yuan and other prices. After payment by the owner, Tea Seller cheats money by sending inferior tea with inferior quality, whose price is only about 50 yuan to the owner.
Trafficking in photographs infringes on the right to portraits of others
What laws are specifically violated by the act of selling photographs of others?
Reporters from the Daily Economic News (Nbdnews) learned that if such photos appeared on the Internet, or if the images were not visible, it would involve infringement of citizensright to portrait. In this regard, Article 100 of the General Principles of Civil Law stipulates that:
Citizens enjoy the right to portrait. Without their consent, they are not allowed to use their portraits for profit.
The Supreme Peoples Courts Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the Peoples Republic of China (Trial Implementation) are more clear:
For profit-making purposes, the use of their portraits for advertising, trademarks, window decoration, etc., without the consent of citizens, shall be regarded as an act of infringement of citizensright to portrait.
In the above cases, the sale of other peoples portrait photos by online stores to users has constituted a profit, and thus has become an illegal act; and if there are micro-merchants using the purchased portrait photos to attract business, it is also for profit, so it violates relevant laws and regulations.
What responsibilities should all parties bear for such torts? In this regard, Article 36 of the Tort Liability Law stipulates that:
Network users and network service providers who use the network to infringe upon the civil rights and interests of others shall bear tort liability. If network users use network services to commit infringement, the infringed person has the right to inform the network service provider to take necessary measures such as deleting, shielding and disconnecting links.
If the network service provider fails to take necessary measures in time after receiving the notification, it shall be jointly and severally liable for the expansion of the damage to the network users. If the network service provider knows that the network users infringe on the civil rights and interests of others by using their network services, and fails to take necessary measures, it shall bear joint and several liabilities with the network users.
Source: Daily Economic News Responsible Editor: Wang Fengzhi_NT2541