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The lawyer appreciated the possibility of suing for using personal photos

Lawyer Voropaev: using other people's photos is a criminal liability
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Photo: IZVESTIA/Anna Selina
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Pavel Voropaev, a member of the Moscow Bar Association, said he could face charges for using other people's photos.

In an interview with Radio 1 on Tuesday, April 8, the expert said that in Russia, for publishing a photo of a person without his consent, you can sue if his rights and legitimate interests are violated. It all depends on the specific circumstances.

According to the lawyer, according to Article 152.1 of the Civil Code of the Russian Federation, the publication and use of a citizen's image (including his photographs) is allowed only with his consent. After a person's death, such consent must be given by his heirs. Exceptions are the use of photos in government, public or other public interests, the use of photos taken in a public place if the person is not the main subject of the shooting or if the person posed for a fee.

You can sue if the photo is published without consent, and this does not fall under the exceptions, the image is used for commercial purposes, the photo is placed in a degrading context.

The victim has the right to demand that the images be deleted, to compensate for moral damage in the amount of 5,000 to 10,000 rubles, and to compensate for losses if the publication caused material damage.

Voropayev warned that if the photo was taken in a private setting or reveals personal information, it may violate privacy. You can sue if the photo was taken covertly, the publication reveals personal or family secrets, or if the image was obtained by entering a home. Criminal liability for this includes a fine of up to 300 thousand rubles, and arrest for up to four months.

Separately, the expert stressed that parental consent is required for images of minors. If a photo of a child is published without permission, parents can file a lawsuit.

You can file a claim with the district court if compensation is required, or you can file a complaint with the police or prosecutor's office if there are signs of a criminal offense. In addition, you can file a complaint with Roskomnadzor if the photo is being distributed illegally online.

On April 3, lawyer Surae Ramazanova in an interview with Life.ru She talked about the risks of posting other people's photos on social media without permission. To file a lawsuit, you need to prove a violation of the right to privacy or copyright. Photos taken in private settings are particularly vulnerable. The fine for such a violation can reach 200 thousand rubles, notes 360.ru .

In March last year, lawyer Yevgeny Udovenko told Izvestia what to do in case of illegal use of personal photos. It is noted that in Russian legislation, the distribution of images of a person without his consent is allowed only in certain cases.

Переведено сервисом «Яндекс Переводчик»

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