"Spending money on fitness has been broadcast live, and I don't understand" "Silence, eating out has been broadcast live" "Hair cutting has been broadcast live, is it reasonable? With the integration of online and offline consumption scenarios, some businesses use consumers' real consumption scenarios for live broadcast without authorization to conduct diversion marketing, and consumers' aversion index rises sharply.

The reporter searched with the keyword of "being broadcast" and found that on some social platforms, there were many such "complaints": "too annoying!" "no privacy", "really satisfied", "very annoying"... Some netizens clearly said, "I don't want to be broadcast live in real time."

Why live broadcast these scenes? The reporter interviewed Mr. Jin, a staff member in the live broadcast industry. Mr. Jin said that the platform rules "encourage" outdoor scenes. In addition, if there are many people in the scene, it is easier to get the traffic tilt of the platform. "I am engaged in live broadcast of real estate. Enterprise leaders like the scene where we broadcast a large number of people in the sales office, and they will also get platform traffic. So do industries such as catering and bathing. It will be very popular to shoot consumption scenes, which can be said that more customers can be transformed by following the crowd mentality."

"As long as it is for commercial purposes, the consent of the parties should be sought, and it is better to sign an agreement." Liu Jian, a lawyer from Jiangsu Zhenyu Law Firm, said, "Without permission, businesses shoot and use pictures of consumers or visitors for commercial publicity, which infringes personal portrait rights."

　　 According to Article 1019 of the Civil Code of the People's Republic of China, no organization or individual may infringe upon the right of another person's portrait by disguising, defacing, or forging by means of information technology. Without the consent of the portrait right holder, no portrait of the portrait right holder may be made, used or made public, except as otherwise provided by law. Without the consent of the portrait right holder, the right holder of a portrait work may not use or disclose the portrait of the portrait right holder by means of publication, reproduction, distribution, lease, exhibition, etc.

Liu Jian said that even if it does not involve direct economic interests, it still constitutes an infringement of individual rights, and the subject has the right to ask the business to stop the infringement. If the behavior of the merchant causes spiritual damage or other economic losses to the party concerned, the party concerned may claim compensation from the merchant according to law. If a citizen friend has already encountered such a situation, it is recommended to first communicate with the merchant and ask them to stop using relevant images and remove relevant content. Once the merchant does not cooperate, the party concerned can seek legal help.

The reporter then interviewed the Jiangsu Provincial Consumer Protection Commission. The relevant staff of the Commission said that it was understandable that businesses wanted to "attract customers" through the physical consumption scene, but the content they displayed could be a clean and tidy kitchen, a professional and responsible fitness coach, and flowing hair cutting skills. It is not the first choice to expose uninformed consumers in full view of the public and as marketing gimmicks. After all, the normalization of live broadcasting does not mean that everyone should accept the "gaze" of cameras.

Some businesses broadcast live scenes with prominent personal image of consumers such as fitness and dining without the consent of consumers, and conduct commercial publicity. In fact, they alienate consumers into diversion tools or free advertising, blurring the boundaries between business autonomy and consumers' legitimate rights and interests. When it is suspected of infringing consumers' portrait rights, it may also disclose consumers' whereabouts privacy and facial information, bringing uncertainty risks. Personal portrait features such as facial features, fingerprint information, and action tracks are very easy to capture. Once used by lawbreakers, they will cause damage to consumers' personal and property safety.

In this regard, the Provincial Consumer Protection Commission suggested that businesses should correctly deal with the relationship between their own interests and consumers' demands for rights in commercial marketing, innovate marketing methods or carry out publicity and drainage in accordance with the legal and reasonable principles, and fully inform consumers of the content, purpose, scope of use, etc. of the shooting before conducting live broadcast and drainage, and obtain consumers' consent. Consumers should enhance their awareness of risk prevention.

At the same time, relevant platforms should also strengthen the review of the content of consumer scenes with prominent personal image, refine and improve the internal management regulations of the platform. For those suspected of infringing the legitimate rights and interests of others, they should timely disconnect the live broadcast or off the shelf related videos, and if necessary, they can also be punished by restricting the push, blocking the number and other forms.