Compensation for the illegal use of a person’s image

Illegal use of a person's image, including unauthorized photography, illegal video recording, or distribution of personal images without consent, is a serious violation of a person’s right to privacy. This violation can be grounds for filing a claim for compensation for moral damages. It is important to know what rights individuals have in protecting their image, which legal acts regulate this issue, and how to properly file a claim.

Legal Framework

Ukrainian legislation clearly regulates the issue of the unauthorized use of images of individuals. According to Article 308 of the Civil Code of Ukraine, a person’s image cannot be used without their consent. Exceptions are possible in cases provided by law, or if the image is used for public interest or other lawful purposes. It’s important to note that images obtained through illegal photography or video recording are treated separately by the courts.

The protection of image rights also falls under the provisions of the Constitution of Ukraine and international acts ratified by Ukraine. Unauthorized use of a person’s image can be grounds for a claim for moral damages, as defined in Article 23 of the Civil Code of Ukraine.

What is illegal photography and video recording?

Illegal photography and illegal video recording refer to situations where a person’s image is captured without their consent, especially in private spaces. This also applies to the use of images in public spaces without legal grounds. Both photographs and video recordings are protected. Even in public places, recording without consent is a violation if it is intended to humiliate the person's dignity or is used for profit.

Consequences of illegal video recording

Illegal use of her image

Among the most common consequences of illegal video recording is the intrusion into personal life, which can lead to feelings of anxiety, stress, and even fear. Many people after such situations experience discomfort and fear for their safety. The image may be used for humiliation or spread uncontrollably, leading to psychological issues.

Court practice in cases of illegal recording

Ukrainian court practice stipulates that unauthorized use of a person's image can have serious consequences for violators. Court rulings often take into account the unauthorized use of images, the moral suffering caused, and material losses.

For example, in a Kyiv court decision, it was found that the use of a woman's image in an advertisement without her consent was a violation of her right to privacy. The court ordered the defendant to pay moral compensation to the victim for the suffering and moral harm caused.

Claim for moral damage compensation

A claim for compensation for moral damages for illegal video recording or photographing should include a detailed description of the case circumstances, the grounds on which the unauthorized use of the image occurred, and what consequences it had for the victim. The plaintiff must provide evidence that the recording was illegal and caused moral harm, for example, by lowering social status or humiliating honor and dignity.

According to court practice, compensation for moral damages may be awarded depending on the level of suffering experienced by the victim. Court decisions in such cases determine compensation based on the scale of the violation, as well as the material use of the person’s image.

How to file a claim?

1. Gather evidence: You must have evidence proving the fact of illegal photographing or recording. This can include photos, camera footage, witness testimony, or other proof.
2. Prepare the claim: The claim should include the facts of the violation, evidence proving the illegality of the actions, and a description of the moral damage caused.
3. Court representation: During the court process, it is important to properly represent the plaintiff’s interests, which includes explaining the violation of rights and determining the amount of compensation.

If you have been a victim of unauthorized photography or recording, do not ignore it. Your right to privacy must be protected, and those who violate these rights must be held accountable. Do not stay silent or accept the situation. You have the legal right to compensation for moral damages, and our legal team is ready to help you defend this right.

We will provide you with professional assistance: we will help gather all necessary evidence, prepare a claim for compensation for moral damages, and represent your interests in court. Contact us today to protect your rights and restore justice. You are not alone in this fight — together we can achieve a positive outcome and return your peace of mind.

How We Will Work

Step 1: Contact Us. To start, you just need to fill out the form on our website or give us a call. We will get in touch with you immediately to clarify the details.

Step 2: Get a Consultation. After the initial contact, we will schedule a convenient time for a consultation. The consultation will continue until all your questions are answered. During it, you will be able to describe your situation, and we will provide you with an initial case assessment and the prospects for its fastest resolution.

Step 3: Strategy Development. Based on the information provided, we will develop an individual plan that takes into account all the specifics of your case. You will learn about the specific steps we will take to ensure the desired result and a successful outcome in court.

Step 4: Legal Support. After the strategy is approved, we begin working. Our lawyers handle your case from start to finish, ensuring the protection of your interests at every stage—from document preparation to court representation.

Step 5: Achieving Results. Upon completing the case, you will receive a detailed report of the work done and, most importantly, the resolution of your problem. We will support you until you get the desired result and all issues are resolved.

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