If it is without the consent of others or for profit, it constitutes an infringement of the right to portrait, and vice versa. Infringement of citizens' portrait rights usually has two elements: one is without their consent, and the other is for profit.

Although our country's laws clearly stipulate that citizens have the right to portrait, and no one can infringe upon it at will, this does not mean that using their portraits without the consent of citizens is an act of infringing on the right to portrait. In other words, the exercise of portrait right is also restricted. Generally speaking, if it is necessary to use other people's portraits in order to safeguard social interests, it is not an infringement of portrait rights, such as photos of suspects announced by the case-handling organs and photos of people photographed in news reports, which cannot be considered as an infringement of portrait rights.