Is it possible to post any other people's photos on social networks, etc. without permission?

Yes, you can’t even find the ends on the Internet))) no one will know what was stolen and what was stolen)))
Is it possible to post other people’s personal photos on social media? groups, for example, VK, without the knowledge of the person depicted in these photos, but located on his VK page in the public domain to all users, and accompany these photos with non-offensive comments and without violating the privacy of his personal life?
Well, for example: “A very sociable girl” and a link to her page and a photo from her page.
For using other people's photographs with the aim of humiliating the honor and dignity of their owner, charges are brought under Part 2 of Art. 130 of the Criminal Code of the Russian Federation (insult). The sanction of this article provides for punishment in the form of correctional labor for up to 6 months or restriction of freedom for up to 1 year.
from an internet cafe... piss yourself in your boots (legal advice)
The protection of images of citizens is regulated by Article 152, paragraph 1 of the Civil Code of the Russian Federation (introduced by Federal Law of December 18, 2006 N 231-FZ) which, in particular, says:
Disclosure and further use of a citizen’s image (including his photograph, as well as video recordings or works of fine art in which he is depicted) are permitted only with the consent of this citizen. After the death of a citizen, his image can only be used with the consent of the children and surviving spouse, and in their absence, with the consent of the parents. Such consent is not required in cases where:
1) the use of the image is carried out in state, public or other public interests;
2) the image of a citizen was obtained during filming, which is carried out in places open to the public, or at public events (meetings, conventions, conferences, concerts, performances, sporting competitions and similar events), except for cases where such an image is the main object use;
3) the citizen posed for a fee.
It is also necessary to remember Article 24 of the Constitution of the Russian Federation: Collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed
Responsibility:

the effect of Article 137 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) Violation of privacy, which states that:
1) illegal collection or dissemination of information about the private life of a person, constituting his personal or family secret, without his consent, or dissemination of this information in a public speech, publicly displayed work or in the media, is punishable by a fine of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months, or compulsory work for a period of one hundred twenty to one hundred eighty hours, or correctional labor for a period of up to one year, or arrest for a period of up to four months (as amended by the Federal Law of December 8, 2003 162- Federal Law);
2) the same acts committed by a person using his official position are punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years, or by deprivation of the right to hold certain positions, or engage in certain activities for a period of two to five years, or arrest for a period of four to six months (as amended by the Federal Law of December 8, 2003 162-FZ).
Thus, you can take photographs of people not for commercial use and without making them public, as long as they do not object, as long as the filming takes place in public places or at public events and you do not violate privacy laws. And if the person in your photograph is taken in close-up, obtain his written consent.
If a person posts his own photos on the internet, it is clearly with the goal that people will look at these photos, evaluate them, and even copy them.
And when posting other people’s photos, goals, motives and damage, if any, should be considered.
If you post a photo of an unknown girl and caption it “this is the most beautiful girl in the world,” then that’s one thing.
But if you put the inscription “dates for everyone”, then something different)))
Would you like it if your photo was posted somewhere without permission?
It also clearly states that any photo has a legal copyright holder. And in general, stealing is not good!
of course you can
Of course you can, it’s our right to post photos
melodiously not varto zachipati privacy nsho people
oh, come on, post it. there are so many fakes now, and nothing.
Public figures are allowed (others are not allowed)...
The right of a voter to take photographs and videos in the voting premises is not expressly provided for by law. At the same time, the legislation does not contain a ban on such actions.
You can, but only if you ask!
A lengthy and lengthy trial with no result because judges are usually stupid... so-called. lay it out and it’s simply impossible to prove that you laid it out yourself; it’s always fashionable to draw up a contract of assignment
It’s possible, but no matter what this person sees!! 1
Well, if it was a photo of your friend.

Good afternoon
And so, there is a Federal Law “On the Protection of Personal Data”.
In accordance with Article 7 of the Law, Operators and other persons who have access to personal data are obliged not to disclose to third parties or distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law.
Thus, according to Article 9 of the Law, the subject of personal data decides to provide his personal data and consents to their processing freely, of his own free will and in his own interest. Consent to the processing of personal data must be specific, informed and conscious. Consent to the processing of personal data can be given by the subject of personal data or his representative in any form that allows confirmation of the fact of its receipt, unless otherwise provided by federal law. If consent to the processing of personal data is received from a representative of the subject of personal data, the powers of this representative to give consent on behalf of the subject of personal data are verified by the operator.
It is clear that you did not give any consent.
According to Article 21 of the Law, in case of detection of unlawful processing of personal data upon application of the subject of personal data or his representative or at the request of the subject of personal data or his representative or the authorized body for the protection of the rights of personal data subjects, the operator is obliged to block unlawfully processed personal data related to this the subject of personal data, or ensure their blocking (if the processing of personal data is carried out by another person acting on behalf of the operator) from the moment of such application or receipt of the specified request for the period of verification. If inaccurate personal data is identified when contacting the subject of personal data or his representative or at their request or at the request of the authorized body for the protection of the rights of subjects of personal data, the operator is obliged to block personal data relating to this subject of personal data or ensure their blocking (if processing personal data is carried out by another person acting on behalf of the operator) from the moment of such application or receipt of the specified request for the period of verification, if blocking of personal data does not violate the rights and legitimate interests of the subject of personal data or third parties.

Accordingly, I recommend contacting that resource, if you know it, so that the information on it regarding you is deleted.
The second step that needs to be taken is to contact the police with a statement to initiate a criminal case against the husband under Art. 128.1 of the Criminal Code of the Russian Federation - Slander, that is, the dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation, is punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor. for up to one hundred and sixty hours.
The third step that you need to take is to file a claim in court for the protection of honor and dignity and, accordingly, for compensation for moral damage, due to the fact that you suffered serious moral suffering due to the actions that your husband committed.
This is what Article 152 says in the civil code on this matter.
So, according to this article:
1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true. The refutation must be made in the same way in which information about the citizen was disseminated, or in another similar way. At the request of interested parties, it is possible to protect the honor, dignity and business reputation of a citizen even after his death. 2. Information discrediting the honor, dignity or business reputation of a citizen and disseminated in the media must be refuted in the same media. A citizen in respect of whom the specified information has been disseminated in the media has the right to demand, along with a refutation, that his response also be published in the same media. 3. If information discrediting the honor, dignity or business reputation of a citizen is contained in a document emanating from an organization, such a document is subject to replacement or revocation. 4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and, in connection with this, a refutation cannot be brought to public knowledge, the citizen has the right to demand the removal of the relevant information, as well as the suppression or prohibition of further dissemination of this information by seizure and destruction, without any compensation, of copies of material media containing the specified information made for the purpose of introducing into civil circulation, if without destroying such copies of material media, deleting the relevant information is impossible. 5. If information discrediting the honor, dignity or business reputation of a citizen turns out to be available on the Internet after its distribution, the citizen has the right to demand the removal of the relevant information, as well as a refutation of this information in a way that ensures that the refutation is communicated to Internet users. 6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen in cases other than those specified in paragraphs 2 - 5 of this article is established by the court. 7. Application of penalties to the violator for failure to comply with a court decision does not relieve him of the obligation to perform the action prescribed by the court decision. 8. If it is impossible to identify the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information was disseminated has the right to apply to the court to declare the disseminated information untrue. 9. A citizen in respect of whom information discrediting his honor, dignity or business reputation has been disseminated, along with a refutation of such information or the publication of his response, has the right to demand compensation for losses and compensation for moral damage caused by the dissemination of such information. 10. The rules of paragraphs 1 - 9 of this article, with the exception of the provisions on compensation for moral damage, can also be applied by the court to cases of dissemination of any untrue information about a citizen, if such a citizen proves that the specified information does not correspond to reality. The limitation period for claims made in connection with the dissemination of said information in the media is one year from the date of publication of such information in the relevant media. 11. The rules of this article on the protection of a citizen’s business reputation, with the exception of provisions on compensation for moral damage, respectively apply to the protection of the business reputation of a legal entity.
And remember that these steps will help you be with your son in the future and restore your reputation.

Many people prefer to purchase high-quality photographic equipment used for photographing various sights, relatives and even strangers. Often such actions cause a negative reaction from other citizens. Therefore, every photographer should figure out whether it is possible to photograph a person without his consent. It also takes into account which places are not allowed to be photographed, where the photo is allowed to be used, and what the consequences of violating the law are.

Basic rules

The legislation of the Russian Federation contains Art. 152.1 of the Civil Code, which talks about the protection of photographs of a citizen. It specifies all the rules related to creating photos. The law prohibiting photographing people without their consent indicates that in order to take a photo, it is imperative to first obtain the model’s permission. Although some points in this legislative act are considered not too clear.

The law regarding taking photographs of people without their consent states that photographs cannot be made public or used for any purpose without the permission of the people depicted in the image. If the model dies, then consent must be obtained from his heirs, represented by parents, spouses or children. In this case, is it legal to photograph a person without his consent? Taking photos is allowed, but you cannot use them for distribution or other purposes.

When is the law broken?

The law prohibiting photographing people without their consent will be violated in situations:

The photographer makes the images public, so unauthorized persons have unlimited access to them. According to Supreme Court decision No. 25, publication is represented by actions that involve providing access to a photo by publishing it in various publicly available sources, for example, in the media or on the Internet.
Using photos for other purposes. For example, they may be reproduced or sold, displayed at public events, or recycled. Even importing originals or duplicating them are all actions that require consent from the people in the image.

In all of the above situations, permission from the model is required. Many citizens are confident that it is forbidden to photograph people without their consent. Article 152.1 of the Civil Code only indicates that it is not permitted to use these images.

In what situations can you use images without consent?

Filming a person without their consent is a legal activity in most cases. However, there are even some cases when you can use the resulting images. These exceptions come in three varieties.

All these situations are prescribed in Art. 152.1 Civil Code.

Photos are used in the interests of the state or society

When answering the question whether it is possible to photograph a person without his consent, you can confidently answer positively. However, these images must be used carefully. If the photo shows a public figure represented by the President, a famous politician or a singer, then such photos can be distributed without fear that the photographer will be held accountable. To do this, you do not need to obtain the consent of a public person.

This is due to the fact that such citizens are significant figures for society and history as a whole, and therefore must be tolerant of interest in their person on the part of other citizens. Therefore, their photographs may be published in different sources.

Additionally, photographing people without consent is permitted if it is done in the public interest, for example:

the need for citizens to detect or expose threats posed to democracy;
preventing danger to the public or the environment;
solving various crimes.

It is necessary to correctly distinguish between images that can be useful to society and those that do not convey any important information to the state and citizens.

Why can't you photograph people without their consent? This is due to the fact that people's privacy is violated. Even with regard to public figures, it is allowed to take their images in the process of their work, but their personal life must remain inviolable. Persons who are not engaged in public activities should not be specifically captured in a photo for the subsequent use of the image for profit or distribution for other purposes.

Photos were obtained as a result of shooting public places

Typically, images are taken of various events and attractions, which leads to the fact that other people are inadvertently captured in these photos. In this case, their rights are not violated. Without caution, you can photograph places:

open to the public;
various public events represented by concerts or competitions, conventions or exhibitions.

You can use such images for any purpose, even for distribution. But at the same time, it is not allowed for an unauthorized person to be completely placed in the entire photograph. The exception is the situation when the photograph was taken intentionally, and a specific person was purposefully captured, which can be quite easily understood from the photo.

If mass photographs are taken, it is advisable to obtain consent from at least one person. If he allows you to use this image for any purpose, then you do not need to take permission from others. An exception would be the situation when the image contains data about the personal lives of citizens.

The man specifically posed for a certain reward

In such a situation, the person acts as a model, so he independently agrees to create the image and receive payment for it. To prevent future disagreements, it is recommended to take a receipt from him indicating the following information:

Full name of the model;
the amount that was paid to the person for posing;
the date the photograph was taken and the funds were disbursed;
location of the photo shoot;
Full name and other information about the photographer;
model's signature.

It is with the help of such a receipt that the photographer can protect himself in the future from various claims or even legal proceedings.

If the payment for the model is the photographs themselves, then these relationships are also not gratuitous, so again a receipt is drawn up stating that the model received payment presented in kind.

If the model is presented by a minor citizen, then the receipt is drawn up by his official guardians.

A man posted his photos on the Internet

In such a situation, he independently makes his images publicly available. Even in this case, unauthorized persons do not have the right to use these photographs for their own purposes without obtaining the owner’s consent.

An exception would be the situation if photos are posted on sites whose rules indicate that all posted files can be used by the administration or other users for any purpose.

In what form is permission given?

Taking photographs of a person without their consent for the purpose of distributing the images is prohibited unless it falls within an exception. At the same time, a photographer often needs to take a photo of a certain citizen. In this case, you will have to obtain his consent to this process. It can be presented orally or in writing.

Consent is represented by a certain transaction, and it is perfect if both participants behave in such a way that the expression of their will is clearly visible. An example would be a situation where a person is being interviewed on camera. In this case, he verbally consents to participate in the filming, so he will not be able to create obstacles in the future for the use of this video.

It is prohibited to photograph people without their consent for further distribution of the photo, so many people take advantage of this situation. They may verbally allow their photos to be taken, but then file a lawsuit in order to collect a penalty from the photographer or achieve other goals. Therefore, it is advisable to formulate such consent in writing, since such a document will act as a means of protecting the photographer.

When drawing up such a document, it is possible to include various conditions in it, for example, indicating how the images will be used, how they will be made public, and often even setting a period of time during which the photo can be used.

Filming in public places

Is it possible to photograph a person without his consent if the photos are taken in various restaurants, hotels or other similar establishments? If the main goal is to capture the situation or various objects, and people only accidentally fall into the frame, then this is a legal activity on the part of the photographer.

Owners of different public establishments may set different rules that all visitors must follow, but they do not have the right to prohibit filming, since such prohibitions are contrary to law.

Taking photos on the street

You can photograph a person without his consent if he accidentally gets into the frame on the street during the shooting process. At the same time, the citizen himself should not be the central figure in the image, otherwise he can prove that he was the main target of the photographer.

If a person stands with his back or side in the image, and he does not perform any actions that are personal, then he will not be able to make a claim against the photographer.

Photography of objects of strategic importance

Such buildings include military facilities, the location of which must be secret to citizens of other countries. Their destruction or capture may affect the course of various military operations, therefore it is prohibited to distribute photographs depicting these structures. These include:

airfields or aviation bases;
naval bases;
warehouses designed to store nuclear weapons;
seaports;
political objects of significant size and significant significance;
large industrial centers;
power supply system components.

People should not take photographs in front of these objects, as this process is prohibited by law enforcement agencies.

Where can't you film?

It is not allowed to take photographs of people in various institutions, which include:

State Duma, and every person who visits this organization should not bring with him any equipment with which one can take photographs or videos;
courts or correctional institutions;
objects belonging to the customs service;
on the territory or in buildings owned by Gosstroy, the Ministry of Fuel and Energy or Rostransnadzor;
near the country's border, since filming requires permission from the head of the FSB border department.

For violating these rules, the owner of the equipment can be held not only administratively, but even criminally liable, since the dissemination of photographs taken by him can cause significant damage to the state or society.

Penalties for violations

Is it legal to photograph a person without their consent? This process is unlawful on the part of the photographer if the shooting is not in a public place and the photographs are planned to be distributed in the future. The purposeful creation of a photo of a specific person, which will then be used on the Internet or in the media, is a violation of the law, so different measures of responsibility may be applied to such a photographer.

If he does not use the resulting images for any purposes, then it will be impossible to make any claims against him. If they are used for distribution, sale or other purposes, then the person depicted in the photo can go to court. In the statement of claim, he indicates that damage was intentionally caused to his life or health, as well as personal property.

For such violations, a photographer can be held not only administratively, but even criminally liable, as he violates the privacy of another citizen.

Various legislative acts are used to bring liability:

Art. 137 of the Criminal Code. It describes the possibilities for violating a person's privacy. Therefore, if information about a person’s private life is collected illegally or used for any purpose without his consent, this leads to the imposition of a fine in the amount of 200 to 500 minimum wages. Such punishment can be replaced by the citizen’s income received within two or five months. Compulsory work is often assigned for a period of 120 to 180 hours. Additionally, correctional labor may be applied for a period of up to 1 year. If there is evidence of a significant violation of human rights, an arrest for up to 4 months may be imposed. In this case, in court, the plaintiff will have to prove that the photographer really revealed his personal or family secret, distributed the images without his consent, showed them publicly or only to a limited circle of interested parties, and also use them for personal gain to obtain a certain benefit.
Art. 151 Civil Code. It specifies the possibility of recovering compensation for moral damages from the photographer if it is proven that the photo was distributed and filmed without the person’s consent. The law of the Russian Federation takes into account that it is important to prove not only the existence of photos, but also their use for personal gain. Dissemination of images can cause moral harm to citizens, so they are subject to moral suffering. In this case, such damage is compensated by monetary payment. When calculating this compensation, the degree of harm caused, the guilt of the offender and other important circumstances are taken into account. The degree of human suffering is considered, for which his individual characteristics are studied.
Art. 11.17 Code of Administrative Offences. It describes violations of the rules of behavior of people on different types of transport. If people take photographs on board an air or water transport, as well as on a railway train, then this is a punishable act, for which a fine of 100 rubles is imposed. Additionally, officials will confiscate the photographs taken.

Thus, having figured out whether a person can be photographed without his consent or not, each photographer will take a responsible approach to creating different photographs. The need to obtain consent is taken into account if the citizen becomes the central figure in the photograph. Making images is allowed, but using them for any purpose is prohibited. If the photos are stored in the family archive, then their owner will not be able to be held accountable. If they are disseminated in the media or on the Internet, this may even become the basis for bringing a citizen to criminal liability.

In the course of their professional activities, photographers (and not only photographers) ask themselves approximately the following questions:

Is it possible to post photographs of people on websites on the Internet or display photographs of yourself in public open exhibitions without the model's permission?
Is it possible to sell photographs of people without their consent?
Is it possible to use photographs of a model in advertising without her permission?
Is it possible to photograph people without their consent?
What is, When and Why is a model release needed?
Can I, as a photographer, use photographs without the model's permission?
Should the agreement be oral or written?
What to do if the model is underage?

Answers to these and other questions can be found in this article.

The general rule is that the model must agree!

There is one interesting article in the Civil Code of the Russian Federation - 152.1 “Protection of a citizen’s image,” which specifically concerns photographers and models. This article, on the one hand, answers a number of questions, and on the other, raises new questions.

The basic rule states: the publication and further use of a citizen’s image (including his photograph) is allowed only with the consent of this citizen. After the death of a citizen, his image can only be used with the consent of the children and surviving spouse, and in their absence, with the consent of the parents.

In other words, you can photograph a person without his consent.

A photographer can violate the rights of the photographed person only when:

1. Will publish the photo, that is, it will open primary access to the photograph to an unlimited number of persons.

The concept " publication"from the point of view of the Supreme Court (clause 43 of the RF PPVS of June 23, 2015 No. 25) is the implementation of an action that for the first time makes this image available to the public by publishing it, publicly displaying it or in any other way, including posting it on Internet network.

2. Start using photography. The use of a photograph means: reproduction, distribution (including sale), public display (including on an Internet site), import of the original or copies of a photograph, processing of a photograph, etc. You can read more about the use of photography in the article: “What rights does a photographer have to a photograph. Photographer's copyright."

When can you use photographs without permission from the model (person being photographed)?

In total, there are 3 exceptions to the general rule when you can use photographs without the model’s permission (clauses 1, 2, 3, clause 1, article 152.1 of the Civil Code of the Russian Federation).

Permission for publication and further use of the photograph not required in the following cases :

1. The use of the image is carried out in state, public or other public interests.

This means that for state, public and other public figures the right to personal image operates in a narrower area than for ordinary citizens. For example, you can use photographs of the president, governor, etc. without their consent.

The decision of the European Court of Human Rights of 24 June 2004 contains the position of the national court that a certain “public figure” is “a significant figure in modern history and, therefore, [she] should tolerate the publication without her consent of the photographs in question, which, without exception, were all made in public places.”

Also, interesting conclusions can be found in judicial practice (PPVS of the Russian Federation dated June 15, 2010 N 16 “On the practice of application by courts of the law of the Russian Federation “on the media”):

TO public interest It should be attributed not to any interest shown by the audience, but, for example, to the need of society to detect and disclose threats to a democratic state of law and civil society, public safety, and the environment.

A distinction must be made between the reporting of facts (even highly controversial ones) that can have a positive impact on public debate on issues relating, for example, to the performance of their functions by officials and public figures, and the reporting of details of the private life of a person who is not engaged in any public activity . While in the first case the media perform a public duty in informing citizens on issues of public interest, in the second case they do not play such a role.

!! NEW CLARIFICATIONS Supreme Court

Without the consent of a citizen, the publication and use of his image is permissible when public interest, in particular if such a citizen is a public figure(holds a state or municipal position, plays a significant role in public life in the field of politics, economics, art, sports or any other field), and the publication and use of the image is carried out in connection with a political or public debate or interest in this person is socially significant.

At the same time consent is required, if the sole purpose of disclosing and using the facial image is satisfying philistine interest in his private life or making profit.

No consent required to publish and use a citizen’s image, if necessary in order to protect law and order and state security(for example, in connection with the search for citizens, including missing persons or those who are participants or eyewitnesses of an offense).

2. The image of a citizen was obtained during filming, which is carried out in places open to the public or at public events (meetings, conventions, conferences, concerts, performances, sports competitions and similar events) , unless such image is the main object of use.

In other words, you can use a photograph of a person who is in a crowd of other people, but you cannot use a cropped image where the portrait of this person is placed throughout the photograph.

!! NEW CLARIFICATIONS Supreme Court(PPVS of the Russian Federation dated June 23, 2015 No. 25):

The image of a citizen in a photograph taken in a public place will not be the main object of use if, in general, the photograph displays information about the public event at which it was taken.

As a general rule, if the citizens depicted in a collective photograph have clearly expressed their consent to the photograph and have not prohibited the publication and use of the photograph, then one of these citizens has the right to publish and use such an image without obtaining additional consent from other persons depicted in the photograph, except in cases where such an image contains information about the private life of these persons.

3. Citizen posed for a fee.

In this case, if the model was paid money for posing, it is necessary to take a receipt from her, which should indicate: the full name of the model, the amount she received, the date, from whom and for what she received the money, where, when and by whom the photo shoot was conducted (place) , signature. This receipt will protect the photographer from further claims from the model.

There is another option. It concerns TFP shooting, that is, when the model poses for the photographer for photographs. In this case, photographs are payment for posing. This is not a gratuitous legal relationship. Therefore, in this case, you need to take a receipt from the model stating that as payment for posing, the model received N number of photographs in digital or printed form.

If the model is a minor, a similar receipt should be taken from the legal representatives - parents.

If a person himself posted his photographs on the Internet: can they be used?

The following answer can be given to this question (based on the RF PPVS dated June 23, 2015 No. 25):

1. Publication of a citizen’s image, including placing it yourself citizen on the Internet, and general availability such an image do not in themselves give other persons the right to freely use such image without obtaining the consent of the person depicted (except for 3 cases when consent is not required).

2. At the same time, the circumstances of the citizen posting his image on the Internet may indicate the expression of consent by such person for further use of this image, for example, if this is provided for in the terms of use of the site, on which such an image is posted by a citizen.

In what form should I give consent to the publication and further use of a citizen’s image?

The law allows oral and written forms. Because consent is a transaction. Also, a transaction is considered completed in the case when his will to complete the transaction is clear from the person’s behavior.

For example, if a person voluntarily gives an interview to a TV channel, then his actions (posing for the camera, answering questions) indicate his consent to the further use of the interview with his participation, including his images.

But, so that in case of misunderstanding, the issue does not reach court proceedings, it is better, of course, to put everything in writing.

You can also include a number of conditions in the consent (if desired). For example, you can determine the procedure and limits for the publication and use of an image (provide for the period for which it is given, as well as ways of using this image).

Questions about the article

Does a store employee have the right to prohibit a visitor from filming him? If yes, then based on what article and point can you justify a negative answer to the visitor?

Good afternoon. That year for Christmas I had a barbecue dinner on the grounds of my house, and later posted this photo on VKontakte. A year later, I quite accidentally came across an article in the newspaper: how the city residents celebrated Christmas and there was my photo, first name and last name. Are the editors' actions legal?

Is it possible to film an ambulance officer in a public place without his consent?

Good afternoon. I beg you to help me resolve the issue, my ex-martyr, after the breakup (we have not been together for 2 months), continues to post my photos on his VK page. I asked him not to do this, but he doesn’t care! He doesn't listen at all. I beg you to help me. I can’t know what and how this is happening for you, ban you or something else. But he brazenly displays my photos, I’m afraid that he may expose even more of my photos.

Hello, there are people who distribute erotic photographs of minors. Is there any way to hold them accountable for this?

These people are distributing photos of my friend without her knowledge or permission. They are of an erotic nature and she is under 18

Good afternoon Not long ago I was at an event that the organizers positioned as closed. But a few days later, in the community dedicated to the previous event, one girl who was photographing it posted photos from there on Yandex disk, including mine, although I did not give myself permission take photographs and then post these images in the public domain. All requests to delete the photographs were ignored. Perhaps it makes sense to add that I am a citizen of a foreign state and do not currently live in Russia. On whose side is the law and how to forcefully remove my photographs if this is possible?

A certain person is threatening to post my intimate photos from private correspondence on the Internet for public viewing or to send them by mail to colleagues and superiors. Can I threaten her with an article from the criminal or administrative code of the Russian Federation for this?

Free legal advice:

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Hello! I am writing on behalf of a friend. The last bell rang at school. not exactly in an ordinary school, but in one that is located in a remote remote village in Karelia. There are only three 2017 graduates at this school. A relative photographed the graduates together with school teachers and posted the photo on social networks. The school director threatened the relative with legal action, citing confidentiality of information. When they called the RONO, they responded that the parents had to obtain permission from the teachers to publish the photographs. Questions: 1. Is such information confidential? 2. Why do relatives not have the right (based on the positive answer to the 1st question) to publish photographs on social networks if the profession of a teacher is public?

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Can I legally photograph people without their permission?

I will copy you my answer from here: thequestion.ru

Art. answers your question. 152.1 Civil Code of the Russian Federation:

1. Disclosure and further use of a citizen’s image (including his photograph, as well as video recordings or works of fine art in which he is depicted) are permitted only with the consent of this citizen. After the death of a citizen, his image can only be used with the consent of the children and surviving spouse, and in their absence, with the consent of the parents.

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2. Manufactured for the purpose of introducing into civil circulation, as well as those in circulation, copies of material media containing the image of a citizen, obtained or used in violation of paragraph 1 of this article, are subject to withdrawal from circulation and destruction on the basis of a court decision without any compensation. .

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3. If an image of a citizen, obtained or used in violation of paragraph 1 of this article, is distributed on the Internet, the citizen has the right to demand the removal of this image, as well as the suppression or prohibition of its further distribution.

The situation here requires a certain legal literacy not even from you, but from the judge. As you can see, there are the first and fourth paragraphs, which protect you from various kinds of fixations if you do not want it. At the same time, there is a second paragraph that has a very broad interpretation, as a result of which it turns out that you can actually be recorded in 90% of places. BUT! You need to understand that the legislator introduced this exception paragraph specifically so that in the specified places it would be possible to carry out video surveillance in order to record possible offenses.

If specifically regarding the filming of people, without publication, then according to the law, paragraph 2 applies here: “the image of a citizen was obtained during filming, which is carried out in places open to the public, or at public events, except for cases when such an image is the main object of use." Namely, the part where it says “except for cases when such an image is the main object of use” - that is, if you are filming in a public place the public place itself and a person is in the frame, then he cannot have any claims against you , but if you are mainly filming a person in a public place, then this is already illegal. An expert can determine what exactly you are filming.

The general rule is that the model must agree!

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In other words, you can photograph a person without his consent.

A photographer can violate the rights of the photographed person only when:

1. Will make the photograph public, that is, will provide primary access to the photograph to an unlimited number of persons.

The concept of “publication” from the point of view of the Supreme Court (clause 43 of the Russian Federation PPVS dated June 23, 2015 No. 25) is the implementation of an action that for the first time makes a given image available to the public by publishing it, publicly displaying it, or in any other way, including posting it on the Internet.

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2. Start using photography. The use of a photograph means: reproduction, distribution (including sale), public display (including on an Internet site), import of the original or copies of a photograph, processing of a photograph, etc. You can read more about the use of photography in the article: “What rights does a photographer have to a photograph. Photographer's copyright."

When can you use photographs without permission from the model (person being photographed)?

Permission for publication and further use of the photograph is not required in the following cases:

1. The use of the image is carried out in state, public or other public interests.

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Public interests should include not any interest shown by the audience, but, for example, the need of society to detect and disclose threats to a democratic rule of law state and civil society, public safety, and the environment.

Without the consent of a citizen, the publication and use of his image is permissible when there is public interest, in particular if such a citizen is a public figure (holds a state or municipal position, plays a significant role in public life in the field of politics, economics, art, sports or any other field ), and the publication and use of the image is carried out in connection with a political or public discussion or the interest in the person is of public importance.

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At the same time, consent is necessary if the sole purpose of publishing and using an image of a person is to satisfy the philistine interest in his private life or to make a profit.

Consent is not required for the publication and use of a citizen’s image if it is necessary for the purposes of protecting law and order and state security (for example, in connection with the search for citizens, including those who are missing or who are participants or eyewitnesses to an offense).

2. The image of a citizen was obtained during filming, which is carried out in places open to the public or at public events (meetings, conventions, conferences, concerts, performances, sporting competitions and similar events), except for cases where such an image is the main object use.

In other words, you can use a photograph of a person who is in a crowd of other people, but you cannot use a cropped image where the portrait of this person is placed throughout the photograph.

NEW CLARIFICATIONS of the Supreme Court (PPVS of the Russian Federation dated June 23, 2015 No. 25):

The image of a citizen in a photograph taken in a public place will not be the main object of use if, in general, the photograph displays information about the public event at which it was taken.

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3. The citizen posed for a fee.

If the model is a minor, a similar receipt should be taken from the legal representatives - parents.

If a person himself posted his photographs on the Internet: can they be used?

The following answer can be given to this question (based on the RF PPVS dated June 23, 2015 No. 25):

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1. The publication of an image of a citizen, including its placement by the citizen himself on the Internet, and the general availability of such an image do not in themselves give other persons the right to freely use such an image without obtaining the consent of the person depicted (except for 3 cases when consent is not required).

2. At the same time, the circumstances of a citizen posting his image on the Internet may indicate that such a person has expressed consent to the further use of this image, for example, if this is provided for by the terms of use of the site on which the citizen posted such an image.

In what form should I give consent to the publication and further use of a citizen’s image?

But, so that in case of misunderstanding, the issue does not reach court proceedings, it is better, of course, to put everything in writing.

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“Is it possible to use a photograph without the permission of the person being photographed (model)?”

If a newspaper photographer took a photograph of me without my consent and published this photo in the newspaper, can I sue the photographer and the newspaper?

According to Art. 152.1 of the Civil Code of the Russian Federation:

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Such consent is not required in cases where:

1) the use of the image is carried out in state, public or other public interests;

2) the image of a citizen was obtained during filming, which is carried out in places open to the public or at public events (meetings, conventions, conferences, concerts, performances, sporting competitions and similar events), except for cases where such an image is the main object use;

3) the citizen posed for a fee.

If an image of a citizen, obtained or used in violation of paragraph 1 of this article, is distributed on the Internet, the citizen has the right to demand the removal of this image, as well as the suppression or prohibition of its further distribution.

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Accordingly, if you did not give your consent and your image is the main object of use, you have the right to demand its removal.

To photograph me at my workplace (factory) without my consent. Is this allowed if I am against it? To my request not to photograph, he replied that the management allowed him to photograph the workers. What can be done? save

If your photo will be used somewhere, you can prohibit it.

There was a family photo session, after which the photographer, without my consent, posted all our photos on his website. Should he have asked or warned me that he was going to do this?

Yes, he must take your permission.

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If you don’t want your photos to show off on his website, write him a request to remove them, referring to Art. 151.1 of the Civil Code of the Russian Federation - Disclosure and further use of a citizen’s image (including his photograph, as well as video recordings or works of fine art in which he is depicted) are permitted only with the consent of this citizen.

Is it possible to place a photo of the President of the Russian Federation on the organization’s calendar?

Can. If you have exclusive rights to this photo.

Is it fashionable to publish a photo with verbal permission, or is it necessary to have written permission...if a passer-by was asked if he could take your photo, he answered yes, but then at home he changed his mind and filed a lawsuit?

Written permission is better. Otherwise, how will you prove that this permission even existed?

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and a third party?

Do you mean is it possible to publish a photo of some photographer in which some person appears to another person?

No, you can't do it without permission.

Moreover, in this case you additionally violate the photographer's copyright.

interests2012

The fact itself is important, but the process itself is always interesting

One must know the truth in order to live, not to exist.

So, we are interested in legal opposition not only to journalists who a priori behave confidently and impudently when taking photographs and videos, but also to various incomprehensible individuals. Not only modern technologies are increasingly entering our lives, but new Internet trends (blogs, photos, joke sites, “Photoshop me”, etc.). Therefore, as an example, you can become a victim of daily updated sites of cool pictures. But people with cameras and videos don’t care about how a person’s life can change.

If for journalists everything is more or less clear - they have an editorial ID, then with other amateurs who want to get an image, not everything is so smooth. Yes, young boys and girls, following their Internet fashion, love to take photos and post them for everyone to see, but they are taking pictures of themselves. But there are such personalities – it takes one’s breath away. One day I saw a male individual wandering anxiously on a railway platform. The train was only supposed to arrive in half an hour, and all this time the mysterious fellow traveler was looking around anxiously and running in circles. As soon as the train appeared, he pulled out his camera and took pictures of the tracks, platform and station building. The question is, why did you have to wait half an hour? It got even darker.

Or an interesting observation in Auchan - recently, when passing through the turnstiles, entering the store, I noticed a tanned figure with a camera, who was smoothly moving it from his stomach in the direction of those entering. It's no secret that modern cameras also shoot video. I accidentally drove the cart into his belly. He stopped what he was doing and walked around the store. But what really surprised me was that he was with a backpack, and it was not packed in plastic, as Auchan rules require. Some strange terrorist.

On the subway, I’m walking towards the middle of the station, suddenly a guy walking a few meters ahead suddenly turns around and clicks his camera. What did you want?

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In general, given that we are called upon to be vigilant in connection with the threat of terrorism, etc. I decided to understand the legal framework regarding filming citizens without their consent.

Chapter V. RIGHTS AND OBLIGATIONS OF A JOURNALIST

Article 47. Rights of a journalist

A journalist has the right:

1) search, request, receive and disseminate information;

2) visit government bodies and organizations, enterprises and institutions, bodies of public associations or their press services;

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6) make recordings, including using audio and video equipment, filming and photography, except for cases provided for by law;

5) obtain consent (except for cases when it is necessary to protect public interests) for the dissemination in the media of information about the personal life of a citizen from the citizen himself or his legal representatives;

6) when receiving information from citizens and officials, inform them about audio and video recording, filming and photography;

9) when carrying out professional activities, upon request, present an editorial ID or other document proving the identity and authority of the journalist;

(as amended by Federal Law dated July 4, 2003 N 94-FZ)

The professional status of a journalist established by this Law applies to:

on full-time editorial staff involved in editing, creating, collecting or preparing messages and materials for large-circulation newspapers and other media, the products of which are distributed exclusively within one enterprise (association), organization, institution;

on authors who are not connected with the editorial office of the mass media through labor or other contractual relations, but who are recognized by it as their freelance authors or correspondents when they carry out assignments from the editorial office.

Comment from lawyer Dmitry Golovanov:

“The publication, therefore, can, when communicating with the “outside” world, represent this or that freelance author as its journalist, including accrediting him to work in government bodies, sending him for an interview or other form of collecting material. It is important to note that the journalist must have with him documents confirming his right to carry out activities in the interests of the editorial office. At a minimum, they must be a correspondent's ID and an editorial assignment authorizing the preparation of specific material. The presence of the latter document is important not only for the interaction of the journalist with third parties, but also for the media itself in the event that the actions of an “alien” correspondent cause damage to the editorial office (for example, if the information was collected in violation of the right to privacy). In this case, the publication will be able to prove, citing a written document, that the journalist did not act under its authority, in violation of the instructions that were given to him.”

Article 209. Contents of the right of ownership

1. The owner has the rights to own, use and dispose of his property.

2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienating his property into the ownership of other persons, transferring it to them, while remaining the owner , the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way.

Article 150. Intangible benefits

1. Life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, personal and family secrets, the right to free movement, choice of place of stay and residence, the right to a name, the right of authorship, other personal non-property rights and other intangible benefits that belong to a citizen from birth or by force of law are inalienable and cannot be transferred in any other way. ...

(introduced by Federal Law dated December 18, 2006 N 231-FZ)

Disclosure and further use of a citizen’s image (including his photograph, as well as video recordings or works of fine art in which he is depicted) are permitted only with the consent of this citizen. After the death of a citizen, his image can only be used with the consent of the children and surviving spouse, and in their absence, with the consent of the parents. Such consent is not required in cases where:

1) the use of the image is carried out in state, public or other public interests;

3) the citizen posed for a fee.

1. Everyone has the right to privacy, personal and family secrets, protection of their honor and good name.

In general, we can say that the legislation does not clearly regulate the issue of photographing citizens, and in practice the following approach is common: if the photographer is not on private property, but in a public place, he can photograph landscapes with people.

But the photographer’s argument that he is in a public place can be interrupted by the fact that he is taking off your jacket, and this is private property.

There is also a mysterious definition of “legal custom”, according to which a person’s presence in a public place, free for access by others, cannot be classified as part of his private life.

It is also believed that only photos where the person is not the main subject of the photo can be posted without the model’s consent. This is most likely due to the effect of paragraph 2 of Article 209 of the Civil Code of the Russian Federation.

Also, for some reason, it is believed that if a photographer has taken a photo, no one can demand that he delete the frame - it is his property. But you don’t know what will be done with your image in the future and for what purposes it may be used. And you don't have the technical ability to monitor photographers and their intentions. The forced subject may never see the location of the photo. He simply will not find it in this heap of media publications or the Internet.

If he finds it, he can file a complaint with the court and demand that the photographer remove the photo. If the photographer is famous and the photo is no longer on a hundred sites of landscapes, cool photos, random shots. And our judicial system is not fast, so to speak. And it’s difficult to prove exactly how you suffered and where the damage was done to you.

1. If you see the lens, turn your back and maneuver behind cover. Observe the individual to see if his behavior is suspicious. Further on the situation.

2. If you were photographed, but you are against it and did not have time to disappear anywhere, then go to the photographer and, based on the above materials, demand that the photo be deleted. Keep in mind that the photographer may be psychologically prepared for your question and have homework. He may accommodate you and delete the photo if the camera is electronic. If filmed, he must present identification and/or editorial assignment.

If he took a photo of you just like that and this is not a journalist, suggest that he still delete the photo. If he does not meet you halfway, call a law enforcement representative and bring a photographer to establish his identity. But police officers have a rare quality of appearing where they are not needed and disappearing from where they are needed. Therefore, if you are physically stronger, you can detain the photographer and take him to the police - the law allows you to do this. Motivate that his face is similar to the character from the stand “The police are looking for them.” It is not recommended to carry out reprisals on the spot - the law prohibits us from doing so. But you can take it by submission. Remember that your job is to hold the individual, not to trespass on their property. But it is not your fault if the camera is smashed to pieces or the video camera falls under the wheels of a passing car. These are consequences of detention that you could not foresee. I should have gone with you to the department voluntarily. Don't touch technology at all.

But the journalist may be stronger than you. He can also run away faster. If he doesn’t run away, doesn’t show you any identification, isn’t afraid of you, and doesn’t comply with your demands to delete the photo, then -

3. Call “02” or now 911, and report that you are observing a person committing suspicious actions similar to informational support for terrorism. But you only do this if you are refused to demonstrate your credentials or editorial assignment. And it is advisable that the photographer does not hear your dialogue on the phone. And the Federal Law “On Combating Terrorism” dated March 6, 2006 N 35-FZ gives law enforcement officers broad powers. In addition, after such a message, a decent number of people will be trying to catch the mysterious photographer - everyone wants new stars for their shoulder straps. And keep in mind that you are not a false witness, but an establisher of truth and a vigilant citizen of your country. And that your only desire is to establish the identity and address details of the photographer (videographer).

In short, if we are not respected, then there are those who, when detained, do not really respect the mysterious photographers without documents.

4. Or don't pay attention.

http://art.photo-element.ru/analysis/no_photos/no_photos.html (Artyom Cherepanov)

In the bastion of democracy, the United States can be accused of sexual harassment for filming without consent. And it doesn’t matter who you photograph - a woman, a man or a child.

It is with a phone with a camera (camera phone) that unexpected pictures are taken. To prevent unexpected and unnoticed shots in some countries, mobile phone manufacturers were required to make the shutter sound as loud as possible and unmutable.

In Thailand, any resident can contact the police unless you ask for their permission before taking a photo of them. The same law exists in China, where a new criminal code was adopted in 2006, according to which it is a criminal offense to take photographs and video (film) without warning the person you are filming. A positive answer may be given free of charge, but they may also require a monetary reward.

Mobile phones with built-in cameras are now used regardless of place and time. According to a survey conducted by one company on the Internet among 1,560 respondents, the number of respondents with experience of covertly photographing other people using a mobile phone with a built-in camera exceeded 80%, and 40% indicated the metro as the place for covert photography, 15% indicated bathhouse changing rooms, followed by changing rooms for swimming pools, sports centers, etc. Respondents who took photographs in schools, on the streets, on buses and in cinemas also accounted for approximately 27%.

In Hong Kong, it is illegal to bring mobile phones with built-in cameras into swimming pools and health clubs, and in the UK it is illegal for children to be photographed with them in public places.

Filming without consent: what is considered illegal filming

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A high-quality photo/video camera is now built into almost every phone. Video filming has become a part of the life of Russians, including public life. And the more people and objects get into the frame, the higher the risk that the photographer will be contacted with a claim. So that you are prepared for any situation, we will consider in detail in this publication when shooting without consent is allowed, in what cases it is possible to publish photos on the Internet, and what images have legal protection that lead to a ban on sale of the photo.

What can be considered illegal filming?

The question of “legitimacy of the acts committed” inevitably comes to everyone who decides to take up photography. And most often, proposals to turn off the camera come from people who do not know for sure the legality of their own actions. However, the law clearly defines situations in which photographing a person without their consent is prohibited. Accordingly, if the situation does not fall under the prohibition, absolutely everything can be filmed.

The above statement is supported by Article 29 of the Constitution of the Russian Federation. According to the Basic Law, any citizen has the right to receive and disseminate information in any form by any means. Video and photography are part of information gathering. And your right to collect information in this way is protected by law.

The Information Law also establishes the right of a citizen to freely film where it is not prohibited. Article 7 of the Law defines the concept of “information”, i.e. shooting objects. According to it, information to which there is no restriction on access is classified as publicly available. Accordingly, each person can use this data at his own discretion.

A reasonable question arises: what to do if you are told that filming cannot be carried out? The answer is also contained in the Information Law. Article 9 of the Law determines that restrictions on filming are established at the federal level. Those. personal initiative of a private or legal entity is not prohibited.

Liability for attempting to interfere with lawful filming

Filming in public places is allowed always and everywhere, regardless of the time of day or season. Restrictions are allowed only at the level of Federal law. Accordingly, any prohibitions established at the local level fall under the article “arbitrariness”.

If attempts to interfere with filming in a public place occur with the use of physical force, this falls under Article 330 of the Criminal Code. Law enforcement officers attempting to illegally interrupt filming are liable in accordance with Article 203 and Article 286 of the Criminal Code for exceeding official powers.

Often the person with the camera is put under pressure to delete the footage. This falls under Article 1252 of the Civil Code and is considered a gross violation of copyright.

An attempt to take away a memory card or camera is considered as Article 161 of the Criminal Code - “robbery”, i.e. an attempt to openly take possession of someone else's property.

The most “harmless” attempt to interfere with filming from a legal standpoint is to cover the frame with your body. But even for this a person may bear administrative liability under Art. “petty hooliganism.”

Hidden camera filming without consent: filming without warning and punishment for hidden video/photo shooting

Covert recording devices are prohibited in Russia. There were precedents when individuals were held administratively liable not only for secretly filming a private person without his consent, but also simply for purchasing Chinese video cameras disguised as lighters and fountain pens. But it is important to distinguish between “covert filming devices” and “filming without warning.”

Important: If you have deliberately covered the LEDs on the camera, but in the video you assure that you are not filming, these are signs of creating a covert recording device. Moreover, if you have a camera hanging around your neck and you simply did not warn the respondent that he was filming at the moment, this is not prohibited.

But punishment for filming without consent may not occur, even if the respondent was sure that the camera was turned off. To do this, before publishing, you need to change the voice and apply a blur effect to the video. Then the participant simply will not be able to prove in court that it is he in the video. This is exactly what journalists do when preparing television investigations.

What happens to video and photography of people without their permission?

Filming in public places is permitted. But it is inevitably associated with the inclusion of additional participants in the action in the form of random passers-by. The Civil Code (Article 152.1) protects the right of people not to be depicted in images. However, the Civil Code does not introduce any bans on filming. This article requires only restrictions on the distribution of materials from the author of the image. Those. Photos can be made public only with the consent of the participants in the shooting.

In order for a person to demand restrictions on the distribution of photographs with his participation, it will be necessary to prove that he is the central figure of the composition.

For example: if the central figure of the photo is a monument, then there is no need to ask the consent of tourists who are in the frame to publish the photo. If a person is in focus and in portrait mode in the image, he is the central figure and his permission is required.

Important: This rule does not apply to civil servants during execution. Police, ambulance, fire service, security workers, etc. Filming on video without the consent of an individual in this case is completely permitted if employees are on duty.

Responsibility for illegal filming of children and without parental consent

If the child is not the central figure of the frame, permission to photograph is not required. If you plan to talk with a child on camera, conduct a video survey on the street, etc., then such filming of minors without parental consent is unacceptable.

According to the law, a child can only consent to filming if he or she is 14 years old. Before reaching this age, permission to film is provided by a parent, guardian or responsible person (for example, a teacher if the child is a schoolchild or a teacher if the action takes place in a kindergarten).

Recording interviews with children or conducting portrait photo sessions without parental consent and publishing them later is prohibited.

Important: As in other cases, prohibitions apply to the further use of materials, and not to taking photographs (according to Article 152.1 of the Civil Code of the Russian Federation). In public places, filming in any form is allowed.

Filming without consent on private property and in public places

Filming on private property without the owner's permission is prohibited. The inviolability of property is guaranteed by the basic law and Article 29 of the Civil Code. According to the article, the owner of the property has the right to dispose of it at his own discretion, incl. allow and prohibit video filming of property.

But this article is often used by owners of shops, retail outlets and restaurants. That is why at the entrances to such establishments we see the warning “illegal filming is prohibited.”

In this case, there is a direct violation of the law, because public establishments are equated to public places; accordingly, an unauthorized ban on filming and obstruction to it leads to the legal consequences described above.

Important: If you are prohibited from taking photographs or shooting videos in a service establishment, you should refer to the Consumer Rights Protection Law. According to it, the responsibilities of the staff include providing the most complete information about the product provided. And the consumer, in turn, has the right to record this information in any convenient form (including video and photos).

Moreover, Article 16 of this law determines that there can be no restrictions on photo and video filming and only state institutions have the right to limit it. A call to the police by staff will be classified as a “false call.”

An attempt to ban filming citing trade secrets is also doomed to failure. After all, the Law on Trade Secrets clearly defines the characteristics of information falling under this concept - according to the Law, only information with limited access can be a trade secret. If the owner has not knowingly limited access to information, then it cannot be considered a secret.

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