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Right to image and privacy

Verified 06 May 2022 - Legal and Administrative Information Directorate (Prime Minister)

New rules for spreading a child's image on an online platform

Published on 19 April 2021

The law of 19 october 2020 supervise the activity of a child under 16 whose image is broadcast on an online video platform (YouTube, Instagram, TikTok, Twitch ...).

Even if the child's activity is not considered a job, legal representatives must declaration when the child is the main subject of the video.

A decree must specify the duration and income over which declaration is mandatory.

The information on this page remains current and will be modified as soon as the text enters into force.

Your photo was published without your permission and you wonder what your rights are regarding image and privacy? We will tell you when your authorisation is required and how to deal with any difficulties. You can also see a video on the key points to know when posting your photo on the Internet.

Credits : Public Service (DILA)

The right to image allows you to allow or deny the reproduction and public dissemination of your image.

In addition right to privacy allows you to allow or deny the disclosure of information about your privacy.

Please note

you are also entitled to the protection of your image as personal data. In this frame, you can ask to delete a photo on a website. It's called the erasure right. right to be forgotten.

The right to the image belongs to the person concerned.

However, parental permission is required for a minor.

For a major

It is necessary to have your written agreement to use an image where you are recognisable (dissemination, publication, reproduction or marketing).

Image can be a photo or video.

In the case of an image taken in a private place, your permission is required if you are recognisable: holidays, family events, sports, cultural events...

In the case of an image taken in a public place, your permission is required if you are isolated and recognisable.

The image can be broadcast via the press, television, a website, a social network...

In practice, the photographer/videographer must obtain your written agreement before releasing your image.

It can't just be your consent to be photographed or filmed.

Your agreement must be precise : on what medium is the image broadcast? For what purpose? How long?

Your consent is also required if your image is reused for a different purpose than 1mother broadcast.

However, the right to the image is limited by right to information, right to freedom of expression and artistic and cultural freedom.

So your agreement is not necessary to broadcast certain images provided that your dignity is respected and your image is not used in a commercial purpose.

For example:

  • Picture of a group or a street scene in a public place if no one is individualised and within the limits of the right to information.
  • Picture of a news event or public event within the limits of the right to information and artistic creation.
  • Picture of a public figure in the performance of his duties if the purpose of the image is to inform (an elected official for example).
  • Picture showing history.

FYI  

if protected person (guardianship or guardianship) does not allow him to make an informed decision, the person responsible for his protection must refer the matter to the judge or the family council.

For a minor

Parents (or legal) must be obtained in writing.

There is no exceptions, including for a school's newspaper and intranet.

For group of children, written permission from the parents of each child is required.

In addition, the dissemination of the image of a child under 16 years of age who is engaged in an employment relationship is regulated (child influence).

Parents must seek permission from the labour inspectorate before uploading a video that focuses on their child.

Who shall I contact
For a deceased person

A close relative of a deceased person may challenge the reproduction of his or her image if it causes him or her harm.

For example, damage to the memory of the deceased.

If your image was released without your permission, you can contact the author : photographer, videographer, organism (advertising spot, music video...).

If you refuse to remove your image, you can address the judgeincluding emergencydialogue box.

You can also request damages and reimbursement of legal fees.

You can file a complaint if you were photographed or filmed in a private location without your consent.

You may also file a complaint if this photograph or film is published without your consent and this publication violates your privacy.

On site

You must contact a police station or police brigade of your choice.

Who shall I contact

You cannot be denied receipt of the complaint.

The complaint is then transmitted to the public prosecutor by the police or the gendarmerie.

By mail

You can file a complaint with the public prosecutor.

We need to send free paper letter the court of the place of the offence or the place of domicile of the offender.

Who shall I contact

The letter shall specify the following:

  • Your marital status and complete contact information (address and telephone number)
  • Detailed account of the facts, date and place of the offence
  • Supposed author's name if you know him (otherwise, the complaint will be filed against X)
  • Names and addresses of potential witnesses to the offence
  • Description and provisional or final estimate of the injury
  • Evidence: medical certificates, work stoppages, various invoices, findings ...
  • Willingness to become a civil party

File a complaint with the public prosecutor

Who shall I contact

You can send your complaint by registered letter with acknowledgement, by single letter or by letter followed.

You can also file your complaint directly at the court reception.

In all cases, a receipt is given to you as soon as the public prosecutor's office has registered your complaint.

General case

Photographing or filming a person in a private place or transmitting their image, without their consent, is punishable by one year's imprisonment and €45,000 fine.

Publishing the photo or video without the person's consent is punishable by one year in prison and €15 000 fine.

Sexual image

Photographing or filming a person or transmitting his image, without his consent, when the image has a sexual character, is punishable by 2 years imprisonment and €60,000 fine.

Spreading this photo or video, even if it was obtained with the person's consent, is also sanctioned. This is the practice of porn resale. The penalty is 2 years imprisonment and €60,000 fine.

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