Use photos of citizens in the media. When and how to obtain permission citizen. The responsibility of the media.
09 january 2017, 22:51
Michael Cowlicks practice leader ITIPamp Media
Use photos of citizens in the media common. However, illustrating your material journalists often forget about certain rules, the use of images of citizens.
In this publication we do not consider the issue of copyright on images assuming that the photos of citizens made a full-time employee media.
The default is that the image of any citizen protected by law.
The civil code defines only three cases when it is allowed the use of the photo of a citizen without his consent, article 152.1
For example, can be used for such purposes photographs of persons suspected of committing crimes images of people in the reports covering the questions of public interest the safety of life, health and property definition of the Moscow city court on 28.10.2010 in the case of N 33-30915.
This item can also include using photos of officials officials or public figures in the materials informing the public about the performance by such persons of their direct functions.
In other cases it is necessary to understand that when considering a possible claim will have to answer the question about whether to use photos of the individual citizen. Public important question may be, not every hot topic so you'll have to prove its importance and the need to use the image of the individual citizen with regard to the reported situation.
In other words if you take a close-up it is necessary to obtain a permit the citizen to use his image.
How to the citizen the consent to use photos
Applicable law the procedure for obtaining permission to use photographs not identified and is not likely to be determined in the near future. Therefore, the form of consent should set out purposes of use. So if you plan to use the image of the citizen in the is definitely need to obtain written consent. If the image used in news article positive enough oral consent of the citizen.
You must be aware of the journalist's duty under paragraph 6 of part 1 of article 49 of the Federal law On mass media in obtaining information from citizens and officials the journalist is obliged to let them know about audio and video for film and photography.
The issue of consent of a citizen to use the image posted on social networks in the judicial practice has not found a clear answer.
So the actions of individuals posting images
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