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日前,群众举报黑龙江鹤岗市兴安区有矿难发生并被瞒报,记者前往采访时拍到了鹤岗市一位副市长的影像,不料却遭到这位副市长的指责:“我有自己的肖像权,你有什么资格随便拍我?”诚然,在法律上公民对自己的肖像确实享有再现、使用并排斥他人侵害的权利。但法律规定构成侵犯公民肖像权的行为应具备两个要件:一是未经本人同意;二是以营利为目的。记者采访拍照属于职务行为,是在代表公众行使监督权,并非以出让他
A few days ago, the masses reported that there was a mine disaster in Xingan District, Hegang, Heilongjiang Province, and was concealed. The reporter took an interview with a deputy mayor of Hegang City, but was accused by this deputy mayor: “I Have your own portrait rights, what qualifications do you have to shoot me? ”It is true that in the law the citizen’s portrait of himself does indeed reproduce, use and exclude others’ rights. However, the law provides that infringement of the portrait rights of citizens should have two elements: First, without my consent; Second, for the purpose of for-profit. Interview with reporters taking pictures of their duties is to exercise the supervision power on behalf of the public, not to sell him