Can I publish photos of other people on my website without their consent?
June 9, 2022 | 50,00 EUR | answered by Isabel Tressel
Dear Media Law Attorney,
My name is Zofia Kieselbach and I run a website where I regularly report on various topics. Lately, I have been taking more photos of events and public gatherings, in which other people are also visible. Now, I am wondering if I am allowed to publish these photos on my website without the consent of the individuals depicted.
I am unsure because I have read that the right to one's own image is protected, and I may potentially violate data protection laws if I simply upload the photos online. On the other hand, I also see many other websites where photos of events or public places with people are published without the consent of the individuals depicted.
My concern is that I may face legal consequences if I publish the photos without consent. At the same time, I do not want to forgo the publication of photos as they are an important part of my website and of interest to my readers.
Could you please advise me on whether I can publish the photos without the consent of the individuals depicted on my website? Are there any specific exceptions or regulations that I should be aware of in order to be legally safe? I look forward to your assessment and possible solutions.
Thank you in advance.
Sincerely,
Zofia Kieselbach
Dear Mrs. Kieselbach,
Thank you for your inquiry regarding the publication of photos from events and public gatherings on your website, where other individuals are also visible. It is understandable that you have concerns about possible legal consequences, especially in relation to the right to one's own image and data protection laws.
The right to one's own image is indeed an important legal principle that aims to protect individuals from the unauthorized dissemination and use of their images. In general, photos in which individuals are recognizable should not be published without their consent. This is particularly true if the individuals depicted are not part of the event, but are captured incidentally in the background or as passersby.
However, there are exceptions to this principle. For example, the publication of photos without consent may be permissible if the individuals depicted are public figures or if the photos were taken as part of reporting on an event of public interest. In this case, the right to freedom of expression and press freedom may outweigh the right to privacy.
To ensure legal compliance, I recommend the following:
1. Obtain consent from individuals depicted in the photos for their publication. This is the safest and simplest solution to avoid potential legal issues.
2. Avoid photos where individuals are incidentally captured in the background or as passersby. Instead, focus on the main individuals and participants of the event.
3. Clearly label the photos as reportage or documentation, and ensure that the publication serves a public interest.
4. Familiarize yourself with the specific data protection laws in your country and adhere to the applicable regulations.
Please note that this information is of a general nature and does not constitute legal advice. In case of doubt, I recommend consulting a media law attorney to receive a precise assessment of your situation.
I hope these suggestions are helpful to you and wish you success with your website and the publication of photos.
Sincerely,
Isabel Tressel
Media Law Attorney
