Is there a legal problem with shooting news and posting on SNS and exposing?

What is the legal responsibility for exposing?

　As the use of SNS is becoming more and more active, when you see "people who do not follow manners", "people who are doing annoyance" in public places such as trains, or actually suffer from annoyance. You can often see cases where the situation is taken with a smartphone and posted to SNS etc. In some cases, there are cases where the other person's face and sighting place (route name, station name, etc.) are posted without hiding, so it is not good to expose it without any circumstances. There are pros and cons, such as "posts that can be identified by individuals are defamation (Kison)?" 。 Is there any legal problem in shooting and posting other people's nuisance? I asked a lawyer Kazuo Makino of Shiba Sogo Law Office.

Acts that infringe individual portrait rights

Q.Is there a legal problem in shooting people who are annoying in public without permission? Makino: "Individuals are protected by the rights (portrait rights) that are not taken or published without permission. It is not stipulated by law, but the right to be approved in the case. The precedent is" personal of the individual. As one of the freedom in private life, it is said that no one has the freedom to take a picture or figure without his consent. " "People's rights to pursuing happiness" is a legal basis for protecting portrait rights and privacy. However, in the case of celebrities, they are exposing their own portraits and names, so they are compared to ordinary individuals. Protection may be limited. Instead, celebrities have the right to use customer suction power and economic value exclusively (publicity rights). This is no longer stipulated by law, It is the right to be approved in the case "Q.What about the act of "exposing" the photos and videos on SNS?Makino "Even if it is an inappropriate act, publishing it on the net and exposing it will infringe on personal portrait rights.".Can the exposed side appeal to any legal means?Mr. Makino "The individual who exposed is compensation for damages (mental damage = alimony) based on the illegal act of Article 709 of the Civil Code, and in the precedent (deleting the posted data) in the precedent.It is possible to claim. Furthermore, if the person's evaluation is made, it will be possible to claim damages based on defamation in addition to the infringement of portrait rights. In the case of portrait rights or privacy infringement on the Internet.It is about 100,000 to 500,000 yen, but in the case of damages based on defamation, it may exceed 10 million yen, depending on the evaluation. ".By the way, if you have a disturbing act such as throwing garbage on the street, will you print a figure in a surveillance camera, put it out near the site, and "expose"?Makino "Just as exposed on SNS, it will be exposed to the public (unspecified majority), so the theoretically, civil damages may occur, but the damage caused by the stake is minor.It is difficult to find how much damage will be permitted, and if you cannot identify the perpetrator (exposed person), it will be difficult to pursue civil damages. "

Adult editorial department