Research On Legal Protection Of Public Figures’ Right Of Portrait On Internet In China

With the advent of 5G electronic information age,people’s life is convenient and rich.At the same time,they are also entering the vortex of infringement and being infringed.In particular,public figures have their own commercial value different from ordinary people,which makes them easier to become the object of infringement.The independent compilation of personality right in the civil code of the people’s Republic of China also brings a legal basis for the research on the protection of portrait right,and then realizes the people-oriented value basis.As a representative way of infringement,network infringement has brought great challenges to the protection of public portraits with its characteristics of asymmetric information and difficult to control.In daily life,the use of "the same star" for publicity,resulting in false endorsement,the implantation of unlicensed soft text advertising,the abuse of artificial intelligence face changing technology,the spoof of expression package and other acts,all of which are related to portrait infringement.For public figures with certain social popularity,it is more likely to produce such legal disputes violating the right of online portrait,and such disputes have a growing trend.The existing civil code and relevant judicial interpretation and other laws and regulations can not provide sufficient legal basis for the settlement of such disputes.At the same time,most of the existing judicial cases are issued before the entry into force of the civil code,and the reference value needs to be selected and balanced.Therefore,the existing provisions related to the protection of network portrait right,especially the protection of network portrait right of public figures,should be revised and improved in time,so as to better serve the needs of the development of Internet economy to a higher level.This paper first starts with the basic concept of the protection of public figures’ portrait rights on the Internet,and strictly defines the concepts of "public figures"," portrait rights"and "portrait rights on the Internet".Analyze the content of portrait rights on the Internet and its relation and difference with reputation right and copyright.Secondly,combined with specific cases,this paper introduces and analyzes the current situation and existing problems of the protection of public figures’ portrait rights on the Internet in China from the legislative and judicial levels.Thirdly,it makes an in-depth analysis of the different legislative and judicial models of the protection of public figures’ portrait rights on the Internet in the United States and Germany,which are represented by the Anglo-American law system and the continental law system,then summarizes the enlightenment of the two countries on the protection of public figures’ portrait rights on the Internet to China.Finally,suggestions are put forward from the legislative and judicial levels in order to improve the protection of public figures’ portrait rights on the Internet in China.