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China to draw up tighter rules on personality rights

Bolin
Zhang
Joan
Barata
April 23, 2019

Following years of hot debates on whether to accentuate Personality Right as an independent provision in the Civil Code, China’s legislative body is now giving the draft a second reading in light of the controversies around human genome research, artificial intelligence technology, and exploitation of personal information.

In particular, to deter “deepfake”, the draft stipulates that “no organization or individual should use information technology to infringe upon others’ portrait rights through forging.” This applies to the natural person’s image as well as voice. To protect individuals’ right to reputation (名誉权和荣誉权), the draft also proposes a petition process that demands news agency to correct or remove work upon receiving complaints of misinformation. Protection of personal information is also being strengthened, particularly for the minors.

Country
China
Topic, claim, or defense
Defamation or Personality Rights
Privacy or Data Protection