Protect your image rights
Publié le 28/02/2024|Modifié le 18/01/2024
As early as the immediate aftermath of an attack, you may be solicited by the media. Under the shock of the incident you may be vulnerable. We advise you to be careful. Agreeing to be filmed or photographed is never an obligation or a duty
If you want to be a witness, it’s important to prepare yourself and ask yourself several questions before speaking publicly. What message do you want to convey ? How do you want the media to speak about you ? What should remain private ? How can you best protect your children and loved ones ? You are free to set any limits you want concerning your private life and refuse to answer certain question.
LEGAL FRAMEWORK
If you believe that images harmful to your private life or the private life of your loved ones (e.g. photos of a terrorist attack), you can take action. Depending on the content available in internet research engines, on social media or disseminated by the press, various actions are possible. In all cases, a lawyer or an NGO can help you.
Article 9 of France’s civil code (Code civil) stipulates that everyone has the right of respect to his/her private life.
Article 226-1 of the criminal code (Code pénal) makes violating the intimate private life of others by posing, recording or transmitting a persons image in private setting without their consent a crime punishable by a year of imprisonment and €45,000 fine.
Article 226-8 of the criminal code makes publishing an edited image of a person without their consent, if the editing is not obvious or is not mentioned, regardless of the publishing medium, is punishable by a year of imprisonment and a €15,000 fine.
Article 35 quarter of the law of 29 July 1881 amended, on the freedom of the press, makes publishing by any and all means a reproduction of the circumstances of a crime or offense that seriously harms the dignity of a victim and without the victim’s consent is punishable by a €15,000 fine. Please note that this law has a three-month statute of limitation.
Lastly, Article 222-33-3 of the criminal code stipulates that knowingly recording and publishing through any medium images relating to the commission of offenses is considered to be an act of complicity in the willful harm of a person’s integrity. The article is not applicable when the recording or publishing results from the normal exercise of a profession whose aim is to inform the public and is made to provide legal evidence. »
RIGHT TO BE DELISTED (FROM INTERNET SEARCH ENGINES SUCH AS GOOGLE, BING AND OTHERS)
More commonly (but improperly) know as “the right to be forgotten”, this procedure erases internet search-engine results. Content still exists because the legislation varies from country to country, but such content is no longer accessible on French territory. For more information, see the CNIL website, which provides the procedures to follow.
For Google, a form is available at this address: https://support.google.com/legal/contact/lr_eudpa?product=websearch&hl=en
For Bing, the form is available at this link: https://www.bing.com/webmaster/tools/eu-privacy-request
For Qwant, the form is available at this link: https://help.qwant.com/help/overview/right-to-be-forgotten/
Facebook allows you to flag inappropriate or insulting content.
- To flag a post:
- Click on to the right of the post.
- Select “Report post or report photo”.
- Select the option that best describes the problem and follow the instructions that appear.
- To flag a photo or video:
- Click on the photo or video to enlarge it.
- Place the mouse cursor over the photo or video and click on Options at bottom left.
- Click on Give feedback or report this photo or Give feedback on this video for videos.
- Select the option that best describes the problem and follow the instructions that appear.
- To flag a comment:
- Hover over the comment you want to report.
- Click > Hide Comment > Give Feedback or Report Comment
- Follow the instructions on the page.
- To flag a profile:
- Go to the profile you want to report.
- At the bottom right of the cover photo, click and select Give feedback or report this profile.
- Follow the instructions on the screen.
- To report a page:
- Go to the page you want to report.
- Click below the page’s cover photo.
- Select Give feedback or report this page and follow the instructions that appear.
Instagram is owned by Facebook However, the application has its own rules and user terms and conditions. If you believe a photo has violated your privacy, you can request its removal on the dedicated support page: https://help.instagram.com/contact/504521742987441?helpref=page_content
Twitter is a social network that allows users to send short messages of 140 characters of less along with photos and videos.Twitter stipulates in its terms of service that it can request users who post images of deceased persons to remove them.If you believe that a tweet harms your image, you can request that it be removed via a form available under the concerned content (https://help.twitter.com/en/safety-and-security/sensitive-media):
- Go to the tweet you want to report.
- Click or tap on the Plus icon on the internet, the iOS icon, or the Overflow icon on Android.
- Select Report.
- Select Contains a shocking image.
YOUTUBE
YouTube is a video-sharing platform owned by Google. Some traditional media use YouTube to disseminate their videos. Internet users also post a lot of content that may be in violation of the law. Google removes videos that violate the law through a manual analysis. User reports are one of the means the company uses to detect offensive or inappropriate videos.A request to remove a video can be made via the more button under each video:
- Click the more button under the video player.
- Mouse over to the report button in the drop-down menu and click.
- Select the reason that best describes the problem with the video.
- Provide any additional details that could help the team task with policing the videos to make its decision.
DAILYMOTION
Dailymotion is an online video hosting, sharing and viewing service. It has form available for reporting proscribed content:https://faq.dailymotion.com/hc/en-us/requests/new?ticket_form_id=136048#new-request