Woman 'shocked' to find herself featured in a hot spring livestream
Soaking in a hot spring and enjoying a moment of peace, a woman, identified as Tingting, was "shocked" to discover that she had become a scene on someone else's phone.
A screenshot of the hot spring's livestream channel, where a camera was filming the interior of the hot spring from above.
It was later revealed that the hot spring resort where Tingting was a patron had livestreamed the scene of visitors bathing to attract tourists, but without their knowledge, according to a Guangming Daily online report.
"After I confronted the business, they removed the video featuring me, but I saw they continued to livestream and film others," said Tingting. "It's horrifying. I suspect the others don’t even realize they’re being watched by so many."
Many consumers expressed their annoyance at being filmed and livestreamed without consent while dining, working out, or shopping, reported journalists with legaldaily.com.cn.
These practices are common, with many echoing this sentiment in social media comments and discussions.
Machine-translated comments of unpleasant experiences with livestreams in venues such as gyms and hot springs.
Comments mainly reveal users feeling embarrassed and annoyed by the scrutiny of livestream audiences. "It's irritating to find out there’s a livestream happening right next to you at the gym when you're makeup-free and exerting yourself," one comment read. "Or being forcibly included in a livestream at a tourist spot — that’s not something everyone’s comfortable with!"
Privacy was of significant concern for some, with one individual recounting how they were featured in a spicy hot pot restaurant's Douyin video without consent, and recognized by colleagues. "I want my privacy respected and not to appear in livestreams without my agreement," was the comment.
Some had privacy concerns over featuring on livestreams.
In the face of numerous customer complaints, some businesses claim that livestreaming serves to better showcase consumer scenarios. When asked if they seek consent, one business owner responded, "It’s not feasible to ask everyone," while asserting that no substantial harm was caused to customers.
Despite some customers feeling reluctant but dismissive, considering it a minor issue, others have voiced their dissatisfaction and resolved never to patronize the business again.
Legal experts, such as Cheng Xianghui with Legal Daily, note that according to the Civil Code, making, using, or publicly displaying an individual without consent is illegal. While businesses might use livestreams or short videos to enhance their marketing in public spaces, failing to obtain consumer consent infringes on citizens’ portraiture rights and privacy."
"While publicizing the business venue, the owner should pay attention to the customers' needs. Excessive livestreaming and invasive promotion stunts will make the customers feel uncomfortable. Consumers' consent should be acquired before livestreaming," said Ma Lihong, a business associate with Beijing DHH Law Firm.
A street interview by Henan City TV, released on Monday, asks how residents feel about being livestreamed without their knowing in a hot spring.
