演职人员不当言行的侵权责任分析

Analysis of Tort Liability of Cast Members’ Improper Words and Acts

演职人员包括演员与职员,承担着社会舆论引导与文化传播的重要责任,故而须对自身言行举止尽到比一般公众更高的审慎注意义务,并对因自身的不当言行造成的出品方利益损失负侵权赔偿责任。其不当言行侵权应以过错责任原则为基础,按照侵权责任的构成要件(即主观过错、侵权行为、因果关系、损害结果)进行具体分析。在不当言行的实施构成第三人侵权或受害人过错时,应当免除或减轻该演职人员责任。

The crew, including actors and staff, bear the important responsibility of guiding public opinion and spreading culture. Therefore, they must fulfill a higher duty of care for their words and deeds than the general public,and bear tort liability for the loss of producers’ interests caused by their improper words and deeds. The infringement of improper words and deeds should be based on the principle of fault liability, and be analyzed concretely according to the constitutive requirements of tort liability(i.e. subjective fault, tort, causality and damage result). When the implementation of improper words and deeds constitutes infringement by a third party or the fault of the victim, the responsibility of the cast members should be exempted or reduced.