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恶意偷拍界定
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自媒体发布上百条偷拍女性私密视频!“恶意偷拍”该如何界定?
Qi Lu Wan Bao· 2025-09-11 07:33
Core Viewpoint - A short video platform account has been exposed for posting over 120 videos of women without consent, focusing on their bodies and receiving significant engagement, raising serious privacy and legal concerns [1][3]. Group 1: Incident Overview - The account has 28,000 followers and appears to monetize its content through a paid "benefit group" [3]. - Videos were primarily filmed in public places like subways and malls, highlighting women's body parts with suggestive captions [3]. - Following the exposure, the platform announced on September 7 that it had indefinitely banned the account for repeatedly posting content that infringes on personal privacy [7]. Group 2: Legal Implications - Establishing a paid group to share private videos may violate multiple laws, including criminal, civil, and administrative responsibilities [8]. - Criminally, the actions could constitute offenses such as producing, selling, or distributing obscene materials for profit, and infringing on personal information rights [8]. - Civilly, the actions violate privacy rights and personal information protection laws, leading to potential liabilities for damages and public apologies [9]. - Administratively, the behavior could result in penalties such as detention or fines under public security laws [9]. Group 3: Distinction Between Legal and Illegal Filming - The distinction between "reasonable filming" and "malicious filming" hinges on the nature of the location, purpose, and methods used [10]. - Legal filming purposes include news reporting, public safety monitoring, and artistic creation, while filming private areas without consent is illegal [10]. - Filming in public requires adherence to specific obligations to avoid infringing on others' rights [11]. Group 4: Platform Responsibilities - Platforms must enhance user content management to prevent the spread of private videos, complying with relevant laws and regulations [12]. - Pre-upload content screening should involve image recognition and keyword filtering, followed by manual checks for suspected violations [12]. - Continuous monitoring and user complaint mechanisms are essential for timely responses to violations [12]. - User agreements should explicitly prohibit "filming and sharing private content," with mechanisms in place to restrict users with low credit scores [12].