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a woman sent a 58-page ppt to report her boyfriend for soliciting prostitution. was it a violation of privacy? lawyer's interpretation

2024-09-21

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recently, there was a post on the internet saying,

a woman in shenzhen made a 58-page ppt

report her boyfriend, cmb management trainee shi

he has been involved in prostitution and cheating many times.

attract attention.

according to the ppt content,

the woman and shi moumou in october 2023

establish a romantic relationship.

this ppt lists shi moumou from 5 aspects

proof of prostitution, cheating, etc. during the relationship,

it lists his 10 records of prostitution.

screenshot of ppt circulated online

on september 19, china merchants bank responded to media reporters that the bank will not tolerate any violations of regulations and discipline by its employees. after learning of the incident, it immediately launched an investigation and verification, and on the next day after the incident, in accordance with party discipline and relevant regulations of china merchants bank, the employee involved was expelled from the party and administratively dismissed.

after this incident was exposed,

it quickly topped the hot search list.

it has sparked heated discussions among many netizens.

some netizens supported the woman's reporting behavior.

i think this is a real-name report.

illegal behavior must be exposed.

some netizens also questioned,

the ppt published by the woman included

men's photos and chat records, etc.

whether privacy rights have been violated.

so,

a woman published a 58-page ppt report on her boyfriend's prostitution.

does it constitute infringement?

what kind of legal responsibilities will you potentially incur?

what are the legal risks of netizens forwarding this ppt in large numbers?

does it constitute joint infringement?

if the ppt report that the man had solicited prostitution many times is true,

what legal responsibilities will the man face?

let’s take a look at the professional interpretation of zhang huimin, a member of the legal daily’s lawyer expert database and a partner of beijing dacheng law firm!

1. does a woman's 58-page ppt report on her boyfriend's prostitution constitute infringement? what legal responsibilities will she bear?

zhang huimin:in this case, the authenticity of the 58-page ppt content sent by the woman has yet to be verified, but the content involves shi moumou's personal and private information. according to the relevant provisions of the civil code of my country, a citizen's name, photo, work unit, personal emotional life, etc. are all within the scope of personal privacy. the woman disclosed her boyfriend's name, unit, personal photo, chat history, emotional life, etc. in the ppt, and published it on the internet, making it known to the general public. this behavior may be suspected of infringing the other party's privacy rights.

judging from some of the ppt content publicly available on the internet, shi's personal information and privacy rights have been violated. according to article 69 of the personal information protection law, if the processing of personal information infringes upon the rights and interests of personal information and causes damage, and the personal information processor cannot prove that he has no fault, he shall bear tort liability such as compensation for damages. in addition, according to article 42 of the public security administration punishment law, those who peek, secretly take photos, eavesdrop, or spread the privacy of others shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may be fined not more than 500 yuan. therefore, in addition to civil tort liability, the woman's behavior may also involve administrative liability, and face administrative penalties such as fines or detention.

however, whether the woman's behavior constitutes infringement and the specific responsibilities to be borne still need to be comprehensively judged based on the specific circumstances, such as the authenticity of the exposed content, the way the woman obtained the information, and the purpose and impact of the release behavior. at the same time, in similar situations, it is recommended to use the internet with caution to expose the privacy of others to avoid possible legal risks. when encountering problems, they can be resolved through legal channels.

2. what are the legal risks if netizens forward this ppt in large numbers? does it constitute joint infringement?

zhang huimin:at present, the incident has attracted a lot of attention and discussion, and the large-scale forwarding of the ppt by netizens also poses a risk of infringement. if the ppt contains other people's private information, such as name, photo, work unit, personal emotional life details, etc., the forwarding behavior of netizens may further spread these private contents, thereby infringing the privacy rights of the parties involved; if the content of the ppt contains false information or netizens add inappropriate comments, malicious speculation, etc. when forwarding, resulting in a decrease in the social evaluation of the parties involved, their reputation rights may be infringed.

if there is a direct or indirect causal relationship between the netizens' forwarding behavior and the damage to the privacy rights, reputation rights, etc. of the parties involved, for example, the private information is known to more people due to the forwarding, and the reputation of the parties involved is damaged, and their lives are disturbed, etc., then the large-scale forwarding behavior of netizens may constitute joint infringement, and they need to bear corresponding legal responsibilities together with the woman who originally posted the ppt.

here is a kind reminder that although everyone has the right to freedom of speech, the exercise of any right should be within the scope of the law. since the implementation of the personal information protection law, my country's legal system has established a complete system of rights regulations and punishment measures for the protection of personal information. be cautious when forwarding to avoid the risk of infringement.

3. if the ppt report that the man has engaged in prostitution multiple times is true, what legal responsibilities will the man face?

zhang huimin:prostitution usually refers to the act of having improper sexual relations with others by using money or other property as a medium. this behavior not only violates social ethics and moral norms, but also violates the bottom line of the law. in my country, prostitution is clearly listed as an illegal act.

for the man who was reported, if the report is true, he may face administrative and criminal penalties. article 66 of the public security administration punishment law stipulates that those who engage in prostitution or soliciting prostitution shall be detained for not less than 10 days but not more than 15 days, and may be fined not more than 5,000 yuan. because the man has solicited prostitution many times and the circumstances are relatively serious, he will usually be subject to a heavier penalty standard, that is, he will face the maximum 15-day detention and a higher fine.