Publishing images of people in the media: rules and prohibitions

Each of us may find themselves in a situation where their image is published in the media. However, how legal are these publications? Is it possible to delete such photographs, or should one simply accept and allow the image to be viewed by the public?

The legislator tried to resolve this issue and, first of all, protect the interests of the citizen. General provisions regarding the legality of publishing a photograph are specified in Article 152.1 of the Civil Code of the Russian Federation. According to this norm, the publication 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 allowed only with the consent of this citizen. The article also provides exceptions in which the citizen’s consent is not required, these are:

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.

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 N 25 explains when photographs can be used without the consent of a citizen.

According to paragraph 44 of the Resolution, without the consent of a citizen, the publication and use of his image is permissible by virtue of subparagraph 1 of paragraph 1 of Article 152.1 of the Civil Code of the Russian Federation, that is, when it has place of public interest, in particular if such a citizen is a public figure (occupies 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 political or public discussion or interest in a given person is of public importance.

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).

According to paragraph 45 of Plenum Resolution No. 25, a citizen’s consent is not required for the publication and further use of an image obtained during filming, which is carried out in places open to the public, including open court hearings, or at public events (meetings, congresses, conferences, concerts, performances, sport competitions and similar events), unless such image is the main object of use.

In particular, 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 for cases where such an image contains information about the private life of these persons (clause 1 of Article 152.2 of the Civil Code of the Russian Federation).

At the same time, public interests, according to the explanation contained in paragraph 25 of the Resolution of the Plenum of the Supreme Court 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 Mass Media,” should include not any interest shown by the audience, but, for example, the need of society to detect and disclose threats to a democratic state of law and civil society, public safety, and the environment (Determination of the Third Court of Cassation of General Jurisdiction dated May 12, 2021 N 88-7094/2021, 2-3708/2020).

As an example, let's take one case from judicial practice. The plaintiff claimed that the media illegally disseminated their personal data, including video images and name and patronymic. They did not give permission for this data to be posted on the internet, and it was published without their consent. The materials were created and published without permission.

In resolving the dispute, the court of first instance, guided by the norms of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 15, 2010 No. 16 “On the practice of application by courts of the Law of the Russian Federation “On the Mass Media”, the Law of the Russian Federation “On the Mass Media”, based on the analysis circumstances established in the case and the evidence presented by the parties, came to the conclusion that the controversial program is socially significant, information about the plaintiff (personal data of the video image, name, patronymic), in the plot one way or another affects the interests of public and state security. In the appellate and cassational instances, the decision remained unchanged (the ruling of the Second Cassational Court of General Jurisdiction dated October 13, 2022, in case No. 88-20888/2022).

Based on the above, it can be concluded that the media may still use photographs featuring your image, provided that they comply with the specific conditions clearly outlined by the legislature.

It is also worth considering that there are certain circumstances in which the editorial board, editor-in-chief, and journalists may be exempt from liability. Article 57 of the Law of the Russian Federation dated December 27, 1991 N 2124-1 (as amended on June 13, 2023) “On the Mass Media” establishes that the editorial board, editor-in-chief, journalist are not responsible for the dissemination of information that does not correspond to reality and discredits honor and dignity citizens and organizations that either infringe on the rights and legitimate interests of citizens, or harm the health and (or) development of children, or constitute an abuse of freedom of mass information and (or) the rights of a journalist:

1) if this information is included in mandatory messages;

2) if they are received from news agencies;

3) if they are contained in the response to a request for information or in the materials of the press services of government bodies, organizations, institutions, enterprises, bodies of public associations;

4) if they are a verbatim reproduction of fragments of speeches of people’s deputies at congresses and sessions of Councils of people’s deputies, delegates of congresses, conferences, plenums of public associations, as well as official speeches of officials of state bodies, organizations and public associations;

5) if they are contained in works of authorship broadcast without prior recording, or in texts that are not subject to editing in accordance with this Law;

6) if they are a verbatim reproduction of messages and materials or their fragments disseminated by another mass media (except for cases of dissemination of information specified in part six of Article 4, paragraphs 1 - 6 of part one of Article 56.2 of this Law), which can be established and brought to justice for this violation of the legislation of the Russian Federation on the media.

Taking into account the above, the image may be used with the consent of the person in the following cases:

• presence of state interest;
• presence of public interest;
• presence of public interest;
• the photograph was taken in a place open to the public or at a public event;
• the citizen posed for a fee.

In all other cases, the use of a citizen’s image without his consent is not permitted.