You go to the shopping center – The camera is directed to you. You go to the street – a passer -by takes you to the phone. You are sitting in a cafe, and at the next table, a blogger leads a live program, which you involuntarily become the participant. Is it possible to stop shooting in such situations? We understand with the expert.
In Russia, there is no single law that would regulate the video. But that does not mean that we live in a country where everyone can shoot anyone and anywhere. The legal system of the Russian Federation provides for several acts which protect the rights of citizens.
According to the constitution of the Russian Federation, citizens have the right to freely receive and disseminate information through legal methods, in particular through photo and video shooting. However, this right is not without end and regulated by legislative standards.
The problems of using citizens’ images are regulated by the provisions of the Civil Code. The main rule can be read as follows: the publication and application of photos or videos with your image are authorized exclusively with your resolution. However, there are some exceptions in this position:
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Federal legislation on information technologies guarantees the possibility of a photo and video shooting in public places, with the exception of information with limited access. In other words, the law makes it possible to record everything that does not apply to state secrets or other information protected by law.
It is important to note that the list of restrictions can be supplemented by ministerial regulations and local acts. During the organization of the filming process, it is recommended to specify the current rules in a particular organization or in the territory in advance.
For the legal use of documents relating to these restrictions, it is necessary to write a written resolution of the established sample. In controversial situations, you must request explanations from professional lawyers specializing in media law.
If you are deleted or provided to use your image, consent can be written in different ways, depending on the situation:
Written consent is necessary with the commercial use of images, for example, for advertising or model contracts. For blogs or personal reports, there is enough oral authorization when a person does not oppose the shooting. But if the photo then wants to use in advertising, there will be little oral consent.
Consent can be expressed by actions: if a person poses, smiles in the camera and does not leave, it means their resolution. However, if a person is clearly against, even their silence does not give you the right to shoot.
Shot without consent can have serious consequences. The victim has the right to require the deletion of the image (article 152.1 of the Civil Code of the Russian Federation) and compensation for non-specifies (article 151 of the Civil Code of the Russian Federation). In more serious cases, administrative or criminal liability occurs. For example, for violation of the inviolability of privacy (article 137 of the Criminal Code of the Russian Federation) or the use of materials for blackmail and slander.
Thus, in the Tambov region, a woman sent a photo of her new passion to loved ones from her ex-Husband. The court recognized it by a violation of privacy and inflicted it on a fine of 15,000 rubles.
In Vologda, the schoolboy tried to make the girl sing with her intimate photos. The court sentenced him to 80 hours of compulsory work.
The Belgorod region has faced a real digital blackmail epidemic: in only five months of 2019, 19 criminal cases of extortion with threats of publication of personal photos of victims were established there.
In Moscow, a popular blogger paid for his frivolity. He published a video with a girl in the metro without her permission. The court rose to the victim’s side and inflicted a fine of the offender.
These examples and others are clearly manifested: the Russian courts systematically protect the right of citizens at the inviolability of their image.
If you have accidentally discovered your photo or video published without your knowledge, ask first to delete the equipment. For example, by the administration of a social network or a messenger, where they are displayed.
If the content is not deleted voluntarily, go to court. You have all the right to file a complaint to compensate for non-priest damage under article 151 of the Civil Code. The amount of compensation is determined by the court individually in each situation.
With obvious signs of a crime (blackmail, spreading intimate photos or a systematic violation of your personal life), immediately contact the police with a declaration. In controversial situations (for example, when you have been removed in the crowd, but which then used the image separately) to understand if there is a corpus of Dicti and a lawyer consultation will help you.
Only knowledge of their rights and a rapid reaction will help effectively resist violations and protect their privacy.
Source: The Voice Mag
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
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