Civil Code Part on Personality Rights (Second Deliberation Draft)

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【Source】http://www.npc.gov.cn/npc/flcazqyj/2019-04/26/content_2086614.htm
【Period for Solicitation of Comments】2019-04-26 through 2019-05-25
 For instructions on commenting on draft legislation, click here.

Chapter I: Ordinary Provisions

Article 773: This Part regulates civil relationships produced by personality rights.

Article 774: The personality rights of civil entities receive the protection of law, and must not be violated by any organization or individual.

In addition to the personality rights provided for in this Part, natural persons enjoy other personality rights and interests created based on physical liberty and personal dignity.

Article 775: Personality rights must not be waived, transferred, or inherited; except as otherwise provided by law.

Article 776: Civil entities may permit others to use their names, titles, likeness, and so forth, except where there must not be permission in accordance with legal provisions or based on their nature.

Article 777: Where the names, likenesses, reputations, honor, remains and so forth of the deceased are harmed; their spouses, children, and parents have the right to lawfully demand that the perpetrators bear civil responsibility; where the deceased did not have spouses, and their children and parents are already deceased, other close relatives have the right to lawfully demand that the perpetrator bear civil responsibility.

Article 778: Where personality rights are violated, the victims have the right to demand that the perpetrators bear civil responsibility in accordance with this Law and other laws.

Where demands are made in accordance with the preceding paragraph to stop harms, remove obstacles, eliminate risks, eliminate impact, or restore reputations, provisions on limitations periods for litigation are not applied.

Article 779: Where a party's breach causes serious emotional harm to the other party's personality rights and the injured party elects to demand that they bear responsibility for the breach, it does not impact the injured party's demand for compensation of emotional damages. (moved here from former article 782)

Article 780: Where civil entities have evidence showing that others are currently harming, or will imminently harm, their personality rights, and that not immediately stopping it will cause losses to their lawful rights and interests that are difficult to offset, they have the right to lawfully apply to a people's court to employ measures such as ordering that the relevant conduct be stopped.

Article 781: Determination of whether actors bear civil responsibility for violations of personality rights other than the rights to life, body, and health, may consider factors such as the actors and victims professions, the scope of impact, the degree of fault, as well as the goal, methods, and consequences of the conduct. (moved here from former article (779)

Article 781-1: Those carrying out news reports or public opinion oversight may reasonably use civil entities' names, titles, likenesses, personal information, and so forth. Where use is not reasonable, the actor shall bear civil responsibility in accordance with law. (Moved here from former paragraph 2 of article 779)

Article 782: Where due to a violation of personality rights, civil entities lawfully bear civil responsibility, such for eliminating impact, restoring reputation, or making formal apologies, it shall be proportionate to the specific methods of the violation and the scope of impact it caused.

Where the perpetrator refuses to bear the civil responsibility provided for in the preceding paragraph, the people's courts may employ means of enforcement such as announcing or publishing effective judgment documents in media such as newspaper and online, and the perpetrator is to bear the expenses incurred. (Moved here from former article 781)

Article 782-1: Apply the provisions of this Part on protecting personality rights for the protection of identity rights produced through marital and familial relationships, and so forth.

Chapter II: Rights to Life, Body, and Health

Article 783: Natural persons enjoy the right to life and have the right to preserve the security and dignity of their lives. The right to life of others' must not be violated by any organization or individual.

Article 784: Natural persons enjoy rights in their body and have the right to preserve the integrity of their body and freedom of action. Others' rights in their bodies must not be violated by any organization or individual.

Article 785: Natural persons enjoy the right to health and have the right to preserve their own physical and psychological health. Others' right to health must not be violated by any organization or individual.

Article 786: Where natural persons' rights to life, body, and health are violated or otherwise challenged, organizations or individuals that bear legally-prescribed obligations to assist shall promptly do so.

Article 787: Persons with full civil capacity have the right to to lawfully and actively donate their cells, tissue, organs, and remains without compensation. Donation must not be by fraud, enticement, or coercion by any organization or individual.

Where natural persons consent to donations in accordance with the preceding paragraph, they shall employ a written format or the format of an effective will.

Article 788: The purchase or sale of human cells, tissues, organs, or remains in any form is prohibited.

Acts of purchase or sale that violate the previous paragraph are void.

Article 789: Where clinical trials are necessary to research and produce new medicines and medical instruments, or to develop methods for prevention and treatment, they shall be upon approval of the competent departments and the review and consent of ethics committees; and the subjects of the trials or their guardians are to be informed of the purpose, use, possible risks, and other details of the trials, and give written consent.

Article 789-1: Those engaged in medical and research activities related to human genes and embryos shall obey laws, administrative regulations, and relevant state provisions, and must not harm human health or go against ethics and morality.

Article 790: Where, against their will, sexual harassment is carried out against others by means of language or conduct, the victims have the right to demand that the perpetrators bear civil responsibility.

Employers shall employ reasonable prevention, complaint investigation, and disposition measures, to prevent and control the exploitation of subordinate relationships and so forth to carry out sexual harassment.

Article 791: Where any organization or individual illegally uses methods such as illegal confinement to deprive or restrict others' freedom of conduct, or illegally search others' person, the victims have the right to lawfully demand that the perpetrators bear civil responsibility.

Chapter III: Rights in Name or Title

Article 792: Natural persons enjoy the right of personal name, and have the right to decide on, use, modify, or authorize others to use their own personal names.

Article 792-1: Legal persons and unincorporated organizations enjoy the right of name, and have the right to use, modify, transfer, or authorize others to use their own names.

Article 793: The name and title rights of others must not be violated by any organization or individual through means such as interference, theft, or counterfeiting.

Article 794: Natural persons' family names shall follow that of their father or mother, but in any of the following circumstances maybe be chosen from beyond the father's or mother's last name:

(1) The family name of another direct blood relative is chosen;

(2) A person other than the legally-prescribed caretaker was their caretaker, and the caretaker's family name is selected;

(3) There are other legitimate reasons that do not contradict public morals.

The family names of minority peoples may follow the traditional culture and customs of that ethnicity.

Article 795: (Deleted)

Article 796: Where civil entities decide on or change their own name or title, or transfer their own title, they shall complete registration formalities with the relevant organs in accordance with law, except as otherwise provided by law.

Where civil entities change names or titles, civil juristic acts taken before the change are legally binding on them.

Article 797: Where names such as pen names, stage names, online names, shop names, and shortened versions of names and titles that have a definite degree of social name recognition so that use by others can cause public confusion, they are to receive the same level of protection as names and titles.

Chapter IV: Likeness Rights

Article 798: Natural persons enjoy likeness rights, and have the right to reproduce, use, disclose, or permit others to use their own likeness.

'Likeness' as used in this law refers to visualizations reflected in media through means such as images, statues, drawings, and so forth, from which the exterior of specific natural persons can be identified.

Article 799: The likeness rights of others must not be violated by any organization or individual through means such as defacing, defiling, or using information technology fabrication. Without the consent of the likeness rights holder, their likeness must not be created, used, or disclosed, except as otherwise provided by law.

Without the consent of the likeness rights holder, the holder of rights in works of the likeness must not publish, reproduce, distribute, rent, exhibit, or use or disclose the likeness rights holders' likeness through other such means.

Article 800: Those carrying out the following conduct may do so without the likeness rights holders' consent:

(1) Use of likenesses that have already been disclosed by the likeness rights holder, within the scope necessary for purposes of personal study, artistic appreciation, classroom education, or scientific research;

(2) Use or disclosure of likeness rights holders likeness that is unavoidable in carrying out news reporting;

(3) Use of likeness rights holders' likenesses by state organs within the scope necessary to perform their duties;

(4) Use or disclosure of likeness rights holders' likenesses that is unavoidable for displaying certain public environments;

(5) Other conduct reasonably using or disclosing likeness rights holders' likenesses to preserve the public interest or the lawful rights and interests of the likeness rights holders.

Article 801: Where there are disputes as to the scope and method of use of likenesses in likeness permissions contracts, an interpretation beneficial to the likeness rights holder shall be made.

Article 802: Where the parties do not make an agreement on the period for likeness use permissions or the agreement is unclear, either party may dissolve the likeness permission contract at any time, but shall notify the other party a reasonable period in advance.

Where the parties have a clear agreement as to the period for likeness use permissions, the likeness rights holder may dissolve the likeness use permission contract for just cause, but shall inform the other party a reasonable period in advance. Where dissolution of the contract causes losses to the other party, the losses shall be compensated except where they cannot be attributed to the likeness rights holder.

Article 803: The relevant provisions of this chapter are to be applied by reference for permissions to use other personality rights and for the protection of natural persons' voices.

Chapter V: Rights of Reputation and Honor

Article 804: Civil entities enjoy reputation rights. The reputation rights of others must not be violated by any organization or individual through methods such as insult or defamation.

'Reputation' as used in this Law refers to social assessment of civil entities' character, prestige, talent, credit, and so forth.

Article 805: Civil responsibility is not borne where conduct such as carrying out news reporting or public opinion oversight impacts others' reputations, except in any of the following situations:

(1) The actor fabricates or distorts the truth;

(2) failure to meet obligations to reasonably review inaccurate information that was provided by others;

(3) The relevant content is overly derogatory to the reputation of others.

Article 806: Determination of whether actors have met the obligation for reasonable review provided for in item (2) of the preceding article may consider the following factors:

(1) The source and credibility of the content;

(2) whether necessary investigation was made into content that might clearly lead to controversy;

(3) the time sensitivity of the content;

(4) the relationship of the content to public order and good customs;

(5) The likelihood that victims' reputation would be disparaged;

(6) the capacity for review and the costs of review.

Perpetrators shall bear the burden of producing evidence that they met the obligation of reasonable review.

Article 807: Where literary or artistic works published by an actor as true stories or descriptions of specified persons include insulting or defamatory content, the victims have the right to lawfully demand that the perpetrator bear civil responsibility.

Where the literary or artistic works are not describing a specified individual and only have circumstances similar to those of the person in their plots, no civil responsibility is borne.

Article 807-1: Where the content of newspapers, internet or other media reports are inaccurate and injure others' reputations, the victims have the right to demand the media promptly correct or delete it. Where the media does not promptly perform, the victims have the right to demand the people's courts order the media to make corrections or deletions in a certain period of time.

Article 808: Civil entities may lawfully inquire into their own credit appraisals, and where discovering errors in the credit appraisal, have the right to submit objections and request that necessary measures such as correction and deletion be employed. Credit appraisers shall promptly review and where it is found true, shall promptly employ the necessary measures.

Article 809: Apply the provisions of this Part on personal information and relevant provisions of other laws and administrative regulations to the relationship between civil entities and credit reporting institutions and others collecting and in possession of credit information.

Article 810: Civil entities enjoy the right of honor. Honorary titles of others must not be illegally removed, and their honor must not be denigrated or disparaged, by any organization or individual,

The receipt of honorary title shall be recorded, and where not recorded or recorded incorrectly, civil entities may request recording or correction.

Chapter VI: Privacy Rights and Personal Information Protections

Article 811: Natural persons enjoy the right to privacy. Privacy must not be violated by any organization or individual through methods such as prying, harassment, leaking, or disclosure.

The term "privacy" as used in this law refers to private space, private activities, private information, and so forth.

Article 812: The following conduct must not be carried out by any organization or individual , except as provided by law or with the consent of the rights holder:

(1) Searching, entering, or peeping into other's residences and other private spaces;

(1) Photographing, recording, disclosing, peeping, or eavesdropping on others private activities;

(3) Photographing or peeping at private parts of others bodies;

(4) Obtaining, deleting, disclosing, selling, or buying others' personal information;

(5) Intruding on the tranquility of other's lives through methods such as text messages, phone, instant messaging tools, e-mail, or flier;

(6) Violating others' privacy rights through other means.

Article 813: The personal information of natural persons is protected by law.

'Personal information' as used in this Law refers to all kinds of information recorded electronically or in other fashions, that can identify specific natural persons either by itself or when combined with other information; including the names, birth-dates, ID numbers, personal bio-metric identification information, addresses, phone numbers, and so forth.

Article 814: The collection and use of natural persons' personal information shall adhere to the principles of legality, propriety, and necessity, and shall meet with the following requirements:

(1) Obtain the consent of the natural person or their guardian, except where laws or administrative regulations provide otherwise;

(2) Disclose rules for collection and use of information;

(3) Clearly indicate the goals, methods, and scope of information collection and use;

(4) not violate the provisions of laws or administrative regulations and agreements between the parties.

Article 815: Natural persons may read, copy, or reproduce their personal information in the possession of others; and where discovering errors, they have the right to submit objections and request necessary corrective measures be taken.

Where natural persons discover that the collection or use of their personal information by those in possession of information violates provisions of laws, regulations or agreements between the parties, they have the right to request that the person in possession of the information delete their personal information.

Article 816: Where the collection, use, or disclosure of personal information of natural persons has any of the following circumstances, the actor does not bear civil responsibility:

(1) Conduct carried out within the scope of the natural persons' consent;

(2) Use of information that the natural person has already disclosed themselves or that has already been legally disclosed, except where use of that information would harm major interests of the natural person or where the natural person clearly refuses its use by others;

(3) Other conduct reasonably carried out to preserve the public interest or the lawful rights and interests of the natural person.

Article 817: Those collecting or in possession of information must not leak, alter, or destroy the personal information they collect or store; and without the consent of the source must not illegally provide personal information to others without the consent of the person whose information is being collected. There is an exception, however, for where the information is processed so that there is not way to identify specific individuals, and it cannot be restored.

Those collecting or in possession of information shall employ technological measures and other necessary measures to ensure the security of the information they are collecting or storing, and to prevent the leaking, destruction, or loss of the information. Where situations of personal information being leaked, destroyed or lost as discovered, or might be discovered, remedial measures shall be promptly taken, and the person from whom information was collected is to be informed and a report made to the competent departments in accordance with provisions.

Article 817-1: State organs and their staff shall preserve the confidentiality of natural persons' privacy and personal information learned of in the course of performing duties, and must not leak of illegally provide it to others.

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