Criminal liability for illegal video recording

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Kovalev Artem

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Criminal liability for illegal video recording

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Modern technological progress has led to the spread of electronic means of recording and shooting video, which, in turn, raises questions about the protection of citizens’ privacy. Ukrainian legislation regulates this area, providing criminal liability for illegal video recording. Let’s look at the main aspects of this issue.

 

Legislative context

  • Article 163 of the Criminal Code of Ukraine. One of the key norms governing the issue of illegal video recording in Ukraine is Article 163 of the Criminal Code of Ukraine. According to this article, the illegal acquisition, storage, use or distribution of images of a person without his consent leads to criminal liability.
  • Penalty for violation. A person guilty of illegal video recording may be fined or imprisoned. The maximum punishment provided by law depends on the circumstances of the case and can reach up to 5 years of imprisonment.

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Features of violation of the law

  • Consent to video recording. One of the key aspects that determines the illegality of video recording in Ukraine is the lack of a person’s consent to recording. According to Article 163 of the Criminal Code of Ukraine, video recording without proper written consent can have serious legal consequences.
  • Shooting location. However, the illegality of videotaping is not limited to lack of consent. The place where it occurs also affects the legal qualification of the violation. In particular, filming in a private room without the permission of the owner can be recognized as a particularly serious violation, which leads to an increase in the possible amount of punishment. If a person conducts video recording in a private apartment without the knowledge and consent of its residents, this may be recognized as a serious violation of the law.
  • Application of technologies. Along with the increasing availability of various technical means for shooting and recording video, new challenges arise for law enforcement agencies. The use of hidden cameras, drones or other technical means to carry out illegal video recording may require additional regulation and criminal liability. Violation committed with the help of technical means can be of particular interest to law enforcement agencies because it is often difficult to detect and can have significant harmful consequences.

 

Consequences for Violators

  • Criminal liability. The main consequence for violators is criminal liability, which can have serious legal consequences. Deprivation of liberty and fines can seriously affect the life of the person who committed the violation.
  • Civil liability. In addition to criminal liability, the violator may also be brought to civil liability through legal action. Victims have the right to seek compensation for damage to their reputation or privacy.

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Protection against illegal video recording

  • Protection of the rights and freedoms of citizens. The law of Ukraine protects the rights and freedoms of citizens, including the right to privacy. Victims of illegal video recording should contact law enforcement and take all necessary steps to protect their privacy.
  • Legal aid. Law firms can provide legal assistance to victims of illegal video recording. Professional lawyers will determine ways to settle the case and help restore violated rights.

Illegal video recording is a serious offense that can have serious legal consequences for offenders. Victims of this violation should immediately seek legal assistance to protect their rights and freedoms.

Our company “Prykhodko and Partners” will do everything to ensure that your rights are protected.
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