Is there any problem with the incident video inside the Keio Line car and the appearance of ordinary people? What are the views of experts familiar with "portrait rights"?

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The scoop shooting by the general public is frequently used in the press. I asked Professor Masahiro Miura of the Faculty of Law, Kokushikan University.

What is the line of "portrait rights" in the Internet society? (Photo is an image) [Photo: Photo AC]

In the case of a stab injury on the Keio Line train that occurred on October 31, the images and photographs taken of the scene are attracting attention. Among them, the images of people running away from the vehicle and escaping from the windows were often used in news reports. Scoop photography by the general public has become widespread, and it is also spreading on SNS. On the other hand, there are voices who are concerned about the "portrait right," which is the right not to photograph or publish the appearance without permission. What should we think about shooting in the event of an incident, accident, or disaster in the Internet society? I asked an expert. (Interviewed by Tomoya Yoshihara) According to Professor Masahiro Miura of the Faculty of Law, Kokushikan University, who is familiar with portrait rights and intellectual property rights, in principle, the act of shooting another person without the permission of the other party is an "infringement of portrait rights". .. However, portrait rights are restricted for highly public reporting purposes. Portrait rights may also be restricted to people who are involved in the public interest, such as celebrities and politicians. Also, in the discussion of portrait rights, it is said that the "shooting act" of the shooting itself and the "using act" of using the shot are considered separately. There is also an aspect that the details of the incident became clearer by the news report using the on-site video this time. It can be said that it has social significance. As in this case, when a news organization that receives a video shot by the general public uses the video, how to handle it will be left to the judgment of the media of the news media such as newspapers and broadcasts. At the beginning of the incident, the faces of passengers escaping in the car were reported as they were, but the faces of people are often mosaicked. Whether it is possible to apply mosaic processing at the time of breaking news with urgent news that shakes society. Certainly there are challenges in emergency coverage. Nowadays, smartphones equipped with high-performance cameras have become widespread, and SNS communication has become commonplace. In the current situation, the "use act" in which ordinary people upload their own images and photos to SNS and spread them on SNS among individuals cannot be stopped as a practical problem. In the first place, is the theory of portrait rights itself suitable for the modern circumstances of the Internet society? Professor Miura commented that the discussion of portrait rights began in Europe around the time the camera was invented in the mid-19th century. Originally, it comes from the literal "portrait" of portraits, statues and statues. The starting point is the argument that the consent of the person is required to create the portrait. At the beginning of the 20th century, cameras were downsized, and unauthorized photography and use were rampant, and the theory of "portrait rights" was established. Professor Miura said, "Is it valid in the present era when the Internet has become commonplace? Individual human rights and personalities must be protected even if the times change. Even if it is the Internet era, unauthorized shooting and use are possible. It's not forgiven. " If there is an offer from the person who was shown, even if it is an individual SNS, it is possible to withdraw the posting or re-upload the mosaic-processed video. However, once uploaded, the images and photos will spread in a blink of an eye. It is important for the platform that operates SNS and video sites to establish more accurate rules and usage rules. In some cases, personal SNS is the source of news, and it is beginning to have a news aspect. Professor Miura also said that "the discussion should be deepened" regarding the ideal state of SNS and the news media.

Tomoya Yoshihara