Recently, the news about a female teacher in Shanghai who was reported to have cheated on a 16-year-old male student in high school has been frequently searched. The incident originated on February 16, when some netizens reported that his wife, Zhang, who was a teacher at Shanghai No. 2 Middle School, "cheated on a 16-year-old male student in high school and had a relationship with a minor", and posted a number of screenshots of WeChat chats. 
The online part of the "screenshot of the chat between the female teacher and the minor student". At noon on February 19, the school involved responded that the female teacher Zhang had been suspended, and the incident was currently under investigation. Subsequently, it will be seriously dealt with in accordance with laws and regulations based on the results of the investigation. The incident is still fermenting on the Internet, and the online practice of screenshots of the chat records of the female teacher's husband and wife has generated a controversy over "whether it violates the right to privacy". In this incident, in addition to the moral condemnation and the relevant regulations of the education department, the screenshots of the chat between the female teacher and the boy went viral on the Internet, and the identity information of the two was exposed on the Internet, is it illegal?
The Civil Code stipulates that privacy refers to the tranquility of a natural person's private life and the private space, private activities and private information that he or she does not want others to know. Natural persons enjoy the right to privacy, and no organization or individual may infringe upon the privacy rights of others by means such as espionage, intrusion, leakage, or disclosure. Does the chat records between the husband and wife and others and the viral behavior of netizens constitute an invasion of others' privacy? Some lawyers believe that the practice of the female teacher's husband may be suspected of violating the privacy rights of minors
*During the reporter's interview, a lawyer believed that the husband of the female teacher was suspected of violating privacy by publishing the information of underage boys and others on a large scale without authorization. This is because according to the provisions of the Civil Code, natural persons have the right to privacy. The privacy rights of others must not be infringed upon by any organization or individual by means such as espionage, invasion, leakage, or disclosure. At the same time, according to Article 39 of the "People's Republic of China Protection of Minors**", no organization or individual may disclose the personal privacy of minors.
Another lawyer wrote an article pointing out that although female teachers cheating on their students are immoral and even violate the law, according to the current laws and regulations in China, it does not constitute a violation of the law, let alone a crime. On the contrary, the husband's behavior of causing cyberviolence through the Internet, and netizens knowing that it is a private chat record and widely disseminating it, is a civil violation of the party's right to privacy and even reputation, and will be punished by public security in terms of administrative responsibility, and if it causes serious consequences, it may constitute the crime of insult in criminal law.
There is also a lawyer who publicly wrote that his wife should not panic when she encounters this kind of thing, and should protect her rights and interests in accordance with the law, report or sue those who publish and sue those chat records, and then achieve the effect of eliminating the impact for herself.
Some lawyers believe that the screenshot of the chat record related to the cheating of the female teacher's husband ** wife is not a violation of the wife's privacy, but the specific information of the minor is **, and the privacy of the minor is violated.
Article 1036 of the Civil Code stipulates that the perpetrator shall not bear civil liability for other acts reasonably carried out in order to safeguard the public interest or the lawful rights and interests of the natural person. In the chat records between the wife and the student that the husband ** came out, there are obscure or explicit sexual innuendos between the two parties, which crosses the bottom line of morality and law, even if the wife does not want to be known, it is not an infringement of her personal privacy.
However, national laws have adopted special measures to protect the personal information of minors, and Article 49 of the "Protection of Minors" stipulates that the press shall strengthen the publicity on the protection of minors and supervise the infringement of the legitimate rights and interests of minors. News ** Interviews and reports on incidents involving minors shall be objective, prudent, and proportionate, and must not infringe upon the reputation, privacy, and other lawful rights and interests of minors.
Article 72 stipulates that information handlers handling minors' personal information through the network shall follow the principles of legality, legitimacy, and necessity. Where the personal information of minors under the age of 14 is handled, the consent of the minor's parents or other guardians shall be obtained, except as otherwise provided by laws and administrative regulations. Where minors, parents, or other guardians request that information handlers correct or delete minors' personal information, the information handlers shall promptly employ measures to correct or delete it, except as otherwise provided by laws and administrative regulations. Article 73: Where network service providers discover that minors have published private information online, they shall promptly give a reminder and employ necessary protective measures.
As for the network **, should they be held responsible?
People's information is on the Internet, and it is usually difficult for netizens to immediately identify that this information is an infringement of other people's privacy when they are in a piece of information. Compared with the traditional **, the mobile network has more diversified communication subjects, stronger immediacy of information dissemination, and higher freedom of speech.
Article 7 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving the Use of Information Networks to Infringe on Personal Rights and Interests, which came into effect in January 2014 and has been amended, stipulates that the following factors shall be taken into account to determine the fault and extent of the network information behavior of the network user or network service provider: first, the duty of care borne by the entity is appropriate to its nature and scope of influence; second, the obvious degree to which the information infringes on the personal rights and interests of others; The third is whether the information has been substantially modified, whether the title of the article has been added or modified, resulting in serious inconsistencies with the content and the possibility of misleading the public. Article 1026 of the Civil Code stipulates six factors to be considered in determining whether the actor has fulfilled the "obligation of reasonable verification": first, the credibility of the content; second, whether the necessary investigation has been carried out on the content that is obviously likely to cause controversy; the third is the time limit of the content; fourth, the relevance of the content to public order and good customs; fifth, the possibility that the victim's reputation will be degraded; Sixth, verification capacity and verification cost. However, some netizens believe that with such emphasis on protecting the personal privacy of cheating personnel, how should the right to know and even the social atmosphere of the husband and the public be maintained?