Am I allowed to publish photos of people without their consent?
August 24, 2023 | 40,00 EUR | answered by Wanda Hartmann
Dear lawyer for internet and computer law,
My name is Jürgen Stricker and I have a question regarding the publication of photos of people on the internet. In my circle of friends, it is common to share photos of shared activities on social media platforms such as Facebook or Instagram. However, I recently heard of a case where a person took legal action against an acquaintance who published a photo of them without their consent.
Now I am worried that I could also end up in a similar situation. I do not want to harm anyone or be legally held accountable. Therefore, I would like to know if it is allowed to publish photos of people without their consent. Are there specific legal aspects that I need to consider in order to avoid any problems? What are the possible consequences if I publish photos without permission?
I hope you can help me with this question and provide me with possible solutions. Thank you in advance for your support.
Sincerely,
Jürgen Stricker
Dear Mr. Stricker,
Thank you for your inquiry regarding the publication of photos of individuals on the internet. This is a very important issue, as there are many legal aspects to consider in order to avoid potential legal consequences.
In principle, the right to one's own image is a very important legal foundation that must be observed. This means that individuals generally have the right to decide whether and to what extent photos of them may be published. Therefore, if you wish to publish photos of other people, you usually need the explicit consent of the individuals concerned.
If you publish photos of people without their permission, this can have various legal consequences. The affected person may, for example, claim injunction and possibly damages against you. This can lead to legal disputes and financial burdens. Furthermore, there may also be criminal consequences, especially if the individual's rights to privacy are seriously violated.
To avoid such problems, I recommend that you always obtain the explicit consent of the individuals depicted before publishing photos of them. This can be done, for example, in the form of a written consent form. Additionally, you should ensure that the individuals depicted agree to the publication and that no rights to privacy are violated.
I hope that this information has been helpful and has raised awareness in order to avoid potential legal issues. If you have any further questions or need legal advice, please do not hesitate to contact me.
Best regards,
Wanda Hartmann
