Nowadays, the city's "accompanying photography" is rapidly becoming popular on social platforms. The so-called urban "accompaniment", that is, "companionship + photography", according to the words of some consumers, is to find a "partner" and find traces of "beauty" in an unfamiliar city together. However, after the actual experience, sometimes the effect is not ideal, there are problems such as the photographer being late, consumers refusing to pay the final payment, and some have failed to negotiate due to disputes, and even "hang" the shooting ** on social **, and ask netizens to judge. Behind the explosion of the city's "escort", there are one after another problems, and there are constant complaints. (Shangguan News, January 8).
At first glance, the city "escort" seems to be a two-way free choice, after the two parties meet through social platforms, they trade and shoot privately, and there is no written contract. However, in essence, the urban "escort" has the distinctive characteristics of the sales contract: the consumer pays a certain amount of money, and the "escort" provides services such as photography. Although there is no written contract between the parties, the offer and acceptance are complete, and it is necessary for both parties to fulfill their rights and obligations in accordance with the previous agreement. As for the willful practice of "hanging" consumers on social platforms after disputes arise, it is even more illegal to ignore the law. Looking at China's Civil Code and other laws, it clearly stipulates that the protection of citizens' portrait rights and other personality rights and interests, "without the consent of the portrait rights holder, the portrait of the portrait rights holder shall not be produced, used, or disclosed", which is a red line that cannot be touched. In the process of trading, there are contradictions and disputes between the two parties, and the most important thing to do is to resolve them through legal channels, rather than using illegal means to settle and vent private anger.
In addition to the possible disputes between the two parties, the offline transaction based on the online platform of urban "escort photography" is also easily accompanied by a series of risks such as property fraud, threats to personal safety, and even infringement of the legitimate rights and interests of minors. At present, there is still a lack of laws and regulations to regulate and restrain this emerging consumption model, especially the legal liability of social platforms, which has not yet been specifically clarified. Therefore, it is necessary to strengthen the establishment of rules and regulations, tailor a legal framework for this emerging consumption model, and protect the legitimate rights and interests of both parties to the transaction in accordance with the law, so that it can develop healthily and in the long run.
*: China Youth Daily.