The fourth draft for deliberation of the Civil Code, specifically the independent part on personal rights, includes a “tranquil personal life” as part of the rights to privacy, alongside private space, activities and information, reported
The Beijing News, citing the 15th session of the 13th National People's Congress (China’s top legislature) held in Beijing on December 23.
Writing in the newspaper, Zhu Wei, deputy director of the Center for Communication Law Studies, China University of Political Science and Law, noted that in the future, case scenarios where the right to tranquil personal life applies are many, both online and offline.
The right to tranquility had long been an academic concept, but it gradually received attention with the development of the economy, especially network technology, he noted. It was first written by the legislature in 2012 into the Decision on Strengthening the Protection of Network Information, establishing the right of citizens to refuse commercial advertising on telephones, mobile phones and email.
Thus, we can see that the right to tranquility applies to both offline real world and online virtual communities, Zhu noted. Including this right into the privacy right protection helps develop the system of personality rights in China.
He went on to explain what could follow this positive development. First, online and offline commercial publicity, including forms of transmission, must strictly adhere to the basic principles of the right to tranquility. Internet advertising must gain users’ “prior agreement” or “stop once refused.” Forms like pop-up ads will likely diminish, he predicted.
Secondly, the tranquility of life in the neighborhood has more legal support. When annoyed by noise, dog barking, square dancing and other disturbing acts, victims could not only seek police help, but also take to the courts on the grounds of this right, he said.
Third, online “anti-harassment” and other preventive and control measures will become better. Social platform should give users the control over information reception, in accordance with the principle of the right to tranquility, so users can protect their rights by setting up their own blacklist.
Finally, this right will give more space for public figures. These people’s right to privacy, portrait rights and other personality rights usually suffer damage because of their status. But their right to tranquility, unrelated to the public interest, should be respected, he noted.
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