Glossary / Lexicon

Right to One's Own Image

03/08/2024 | By: FDS

The "Right to One's Own Image" is a legal concept that governs the protection of an individual's personality rights regarding the use of their likeness. It asserts that a person generally has the right to control whether and in what context their image is published or used. The right to one's own image is anchored in many legal systems, particularly in the realms of data protection and privacy laws.

Key Aspects of the Right to One's Own Image:

  1. Consent: In most cases, a person's image should not be published or used without their explicit consent. Consent should be given voluntarily and be informed, clearly stating the purpose of use.
  2. Exceptions: There are certain situations where the right to one's own image may be restricted, such as in the context of reporting on events of public interest. However, even in such cases, the personal rights of the individuals involved must be balanced.
  3. Commercial Use: Especially in the case of commercial use of a person's likeness, clear consent is necessary. This applies to advertising, marketing materials, product representations, and similar commercial purposes.
  4. Protection against Defamation: The right to one's own image also protects against unauthorized use that could damage a person's reputation or standing.
  5. Publication without Consent: Unauthorized publication of an image without consent can have legal consequences, including claims for damages or court-ordered injunctions.
  6. Special Regulations for Minors: For minors, the consent of parents or legal guardians is often required, as they are not capable of giving legally binding consent themselves.

It is important to note that the exact provisions of the right to one's own image may vary by country. In some jurisdictions, it may be further specified by specific laws or legal precedents. Individuals should be aware of their rights and ensure that their images are used in accordance with the right to one's own image. Likewise, businesses and photographers should ensure they have valid consent before using images of individuals.

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