It's so quick and easy to get out your smartphone and take a photo or capture something on video. We want to document everything and save it so that we can share it with friends, publish it on social media, etc. We’re always on the look-out for the unusual or funny to quench our thirst for entertainment.
The right to one’s own image means that every person is fundamentally entitled to decide for himself/herself whether and in what form a picture of him/her may be taken and published. However, this right to self-determination is not absolute.
For example, tacit consent is assumed if the picture is a group picture or if the person depicted is considered to be a celebrity. It is just as difficult to prevent publication of such photos as it is of photos in which a person is completely in the background or is not recognizable at all.
However, if the focus is on a person who is clearly identifiable and not a celebrity, the person must give their consent to be photographed and consent to the use of the photo. An under-age child can also give consent independently, provided that he or she is capable of judgement.
In any case, it is a matter of decency and respect not to publish images in order to expose, insult, ridicule or damage the reputation of the person depicted.
- Do not publish photos that violate the dignity or honour of other people.
- Every person has a right to their own image and can demand that you refrain from taking or publishing photos of them. You have this right too.
- The circumstances of your life may change, but the internet never forgets. If you don’t want to regret having published certain photos and videos later, you should think carefully about what you post and who is allowed to see it.