[2] Chen Feiyu's intimate photos exposed; celebrities also have privacy rights
[4] Compiled from: Red Star News
Case review
On February 13, the blogger “Super Paparazzi Yangyang” released a set of intimate photos suspected to be of Chen Feiyu, sparking heated discussion among netizens. Some netizens claimed that “Shi Yilin Ya” was an early fan of Chen Feiyu, and the photos of the two exposed online were taken in 2021. Chen Feiyu has long been regarded in the industry as born with a silver spoon in his mouth, as his father is the renowned director Chen Kaige and his mother is the well-known actress Chen Hong.
[5] After the incident, Chen Feiyu issued a statement through his studio, stating: "The photos circulating online not only involve Mr. Chen Feiyu's privacy but also the privacy of Ms. Hu, who appears in the photos. The widespread dissemination of these private photos has caused immense harm to both parties. We earnestly request that netizens immediately stop spreading the related information."
On March 14, the Beijing Municipal Public Security Bureau announced that a 31-year-old man surnamed Deng, together with others, disseminated the personal privacy of an individual surnamed Chen through information networks in Tongzhou District, Beijing, and was given an administrative penalty of five days of administrative detention by the police. In addition, four other individuals surnamed Zhang, Ding, Xu, and Duan were also given administrative detention penalties by the police.
The
[1] The People's Republic of China
Public Security Administration Punishments Law
Article 42
Anyone who commits any of the following acts shall be detained for up to five days or fined up to 500 yuan; if the circumstances are serious, they shall be detained for between five and ten days and may also be fined up to 500 yuan:
……
(6) Peeping, secretly photographing, eavesdropping, or disseminating others' private information.
[1] The author's perspective
Sharp-eyed internet users have noticed that Article 42, Item (6) of the Public Security Administration Punishments Law addresses “peeping, secretly photographing, eavesdropping on, or disseminating others’ privacy.” In other words, what Deng exposed was factual, not fabricated fake news. Although Chen Feiyu is a public figure and his right to privacy must be compromised to a certain extent, this does not mean that celebrities have no privacy at all. In this case, the secret acquisition and publication of such private photos without the party’s consent has clearly infringed upon Chen Feiyu’s right to privacy as an ordinary citizen, and has thrust both Chen Feiyu and Ms. Hu into the spotlight, drawing a crowd of onlookers and causing disruption to Chen Feiyu’s normal life.
We often say that the internet is not a lawless place, yet "paparazzi" often disregard the law for certain vested interests. For acts that infringe upon others' privacy or reputation rights through the internet, administrative authorities will consider corresponding punitive measures based on multiple factors, including the actor's subjective malice, the severity of the conduct, the extent of the damage caused, and the degree of social impact. This also demonstrates that the law will not spare any wrongdoer, and anyone who makes a mistake must pay the price for it.