Understanding Image Protection: What You Need to Know About Publishing Photos on Social Media

Social media and photos are hot topics. Martin J. WALSER, lawyer in Innsbruck, informed.

What’s the deal with the headline?
Employee pictures on Facebook, party photos on Insta and children’s videos on TikTok are also part of everyday legal life.

What does image protection mean?
Pictures of persons may only be published if no legitimate interests of the persons depicted are violated. This “right to one’s own image” is a personal right. It’s not about the copyright of the photographer. Data protection law harbors additional stumbling blocks.

And films or painted pictures?
These and, for example, sculptures are subject to the same rules as long as the person is recognizable. “Bars in front of the face” will not help.

What about pictures of the deceased?
After death, personal rights pass to the heirs.

When is photography prohibited?
Only the publication is covered by the image protection itself. However, photos taken against the express will of the person depicted can justify claims for injunctive relief.

What are legitimate interests?
It’s a balancing of interests. The drunk XY in swimming trunks will have an overriding interest in non-publication. In the case of embarrassing video recordings of a vice chancellor on an island, the interest in publication will depend on the specific connection to his state office.
The unwanted disclosure of privacy is abusive. In any case, images used to degrade are a no-go.
Nobody has to be advertised without being asked. This also applies to VIPs, who otherwise have to put up with more.

And if you agree?
With consent (almost) anything is possible. It can also take the form of someone deliberately stepping in front of a television camera, for example. Marketing campaigns often overlook that it always depends on the purpose of the consent. Free consent can also be revoked. Photographs of minors are particularly sensitive.

What about Snapchat, Instagram and Co?
The terms of use have it all. Platforms can be given a wide range of uses of their own. Consumers are less affected. However, entrepreneurs even submit to foreign law and foreign courts.
What consumers and entrepreneurs have in common, however, is that it is easy in theory, but extremely difficult in practice to take action against platforms.

Your lawyer will tell you what you can do if someone illegally publishes a picture of you or if your own posting is objected to.
Contact:www.WALSER.law

More on the subject:
Tyrolean Bar Association

The Tyrolean Lawyers – the first point of contact for citizens

Insults on the Internet can have serious consequences!

Looked at right: price increase by energy providers

Checking the law: Illegal streaming can be expensive