If another infringes on the right to portrait, he may bring a suit in the court where the infringer is located. The process of prosecution is: 1. Prepare a civil lawsuit. 2, to the people's court with jurisdiction, and submit relevant evidence. 3. Attend and participate in litigation activities on time according to the notice of the people's court. 4. Anyone who refuses to accept the judgment or ruling of first instance shall appeal to the people's court that originally tried or the people's court at the next higher level within 15 days after receiving the judgment or 10 days after receiving the ruling, and submit an appeal. Legal basis: Article 110 of the Civil Law of People's Republic of China (PRC) stipulates that natural persons have the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor. Article 991 The personality right of a civil subject is protected by law, and no organization or individual may infringe upon it. Article 1000 Where an actor bears civil liabilities such as eliminating influence, restoring reputation and apologizing for infringing on personality rights, it shall be commensurate with the specific way of the act and the scope of its influence. If the actor refuses to bear the civil liability stipulated in the preceding paragraph, the people's court may publish an announcement or an effective judgment document in newspapers, internet and other media, and the expenses incurred shall be borne by the actor. Article 1018 A natural person enjoys the right to portrait, and has the right to make, use, make public or permit others to use his own portrait according to law. Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc. Article 109 No organization or individual may use information technology to defame, damage or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law. Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.
legal ground
Article 110 of the Civil Code of People's Republic of China (PRC), the personality right of the civil subject. Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.
Article 99 1 of the Civil Code of People's Republic of China (PRC), the personality right of the civil subject is inviolable. The personality right of a civil subject is protected by law, and no organization or individual may infringe upon it.
Article 1000 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * An actor who undertakes civil liabilities such as eliminating influence, restoring reputation and making an apology shall bear civil liabilities such as eliminating influence, restoring reputation and making an apology for violating personality rights, which shall be commensurate with the specific way of the act and the scope of influence caused. If the actor refuses to bear the civil liability stipulated in the preceding paragraph, the people's court may publish an announcement or an effective judgment document in newspapers, internet and other media, and the expenses incurred shall be borne by the actor.
Article 10 18 of the Civil Code of People's Republic of China (PRC) * * * Natural persons have the right to make, use, disclose or permit others to use their own portraits according to law. Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc.
Article 10 19 of the Civil Code of People's Republic of China (PRC): Negative Power of Portrait Right No organization or individual may use information technology to deface, deface or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law. Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.