Legal analysis
Portrait right is the right that citizens can agree or disagree with others to use their portraits. The law stipulates that the portrait of a citizen shall not be used without his consent. Portraits and documentary photographic works cannot be published or exhibited in principle, even if they are purely non-profit exhibitions, without the consent of the portrait owner. One of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: writing threatening letters or threatening the personal safety of others by other means; Publicly insulting others or fabricating facts to slander others; Fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment; Threatening, insulting, beating or retaliating against witnesses and their close relatives; Sending obscene, insulting, threatening or other information for many times, which interferes with the normal life of others; Peeping, taking photos, eavesdropping or spreading other people's privacy. For the intentional shooting, if the photo is not used without authorization after shooting, such as not being published in a circle of friends or spread in other places, or using or publicizing the portrait of the portrait owner through publishing, copying, distribution, renting, exhibition, etc., then it does not constitute infringement.
legal ground
People's Republic of China (PRC) Civil Code
Article 1018 A natural person enjoys the right to portrait, and has the right to make, use, make public or permit others to use his own portrait according to law. Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc.
Article 109 No organization or individual may use information technology to deface, deface or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law. Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.