Am I allowed to publish photos of people in my blog without their permission?
December 9, 2022 | 50,00 EUR | answered by Edith Fischer
Dear lawyer,
My name is Renate Dietrich and I run a blog where I share my travel experiences and culinary discoveries. Lately, I have been taking more photos of people that I would like to publish on my blog. However, I am unsure if I need to obtain permission from the individuals depicted.
So far, I have published the photos without consent, believing that obscuring the faces would be sufficient. However, I now have concerns that I may be violating the right to one's own image. I do not want to encounter legal issues and I am wondering if I am allowed to use the photos at all.
My concern is that I may face injunction or damages claims if the individuals depicted object to the publication of their photos on my blog. I would like to know if it is legally permissible to publish photos of people without their explicit consent and how I can protect myself in the future to avoid legal conflicts.
Can you please inform me if I am allowed to publish the photos on my blog without the individuals' permission and what measures I should take to avoid potential legal issues? I appreciate your assistance in advance.
Sincerely,
Renate Dietrich
Dear Mrs. Dietrich,
Thank you for your inquiry regarding the publication of photos of individuals on your blog. The right to one's own image is an important topic in media law, and it is understandable that you are unsure how to proceed in this situation.
In Germany, it is generally understood that the right to one's own image protects a person from having their pictures published without their consent. This means that you generally need to obtain the permission of the individuals depicted before publishing their photos on your blog. Simply blurring out faces is usually not enough to protect the right to one's own image.
If you publish photos of individuals without their consent, you risk legal consequences in the form of injunctions or claims for damages. The individuals depicted could take legal action against you and demand the deletion of the photos as well as damages. To avoid legal problems, it is advisable to obtain the permission of the individuals you wish to publish photos of in advance.
To safeguard yourself in the future and avoid legal conflicts, you should take the following measures:
1. Obtain written consent from the individuals depicted before publishing their photos. The consent form should include all relevant information regarding the purpose of use of the photos and the duration of publication.
2. Ensure that the individuals depicted are of legal age or that consent has been obtained from their legal guardians if they are minors.
3. Respect the wishes of the individuals depicted if they request the deletion of their photos from your blog.
4. Note that the right to one's own image also applies to celebrities, and you must also obtain their consent before publishing photos of them.
I hope this information helps you and that you can avoid legal problems in the future. If you have any further questions or need legal assistance, I am available for an online consultation.
Best regards,
Edith Fischer
Media Law Attorney
