Civil and legal protection of the right to image

This study is devoted to a comprehensive analysis of the civil law protection of the right to an image as one of the key elements of protecting a person’s private life and his or her intangible assets. In the modern digital environment, where photographs, video and multimedia materials are distributed instantly and without hindrance, the problem of proper legal protection of an image becomes particularly relevant. In particular, this right is closely related to respect for the individual, human dignity, as well as ensuring information security. The article focuses on the provisions of the Civil Code of Ukraine, which establish the obligation to obtain the consent of an individual to the production and further distribution of his or her image, except in cases provided for by law, such as participation in public events or in the case of dissemination of socially significant information. A comparative analysis of law enforcement practice, including decisions of the Supreme Court, is conducted on establishing the fact of violation of the right to an image and determining the amount of compensation for moral damage. The article also examines complex legal situations that arise at the intersection of personal non-property rights to images and property copyrights of the creator of a photograph or video. Attention is focused on the fact that the existence of copyright does not cancel the obligation to obtain permission from the person depicted in the material. The issue of protecting the right to images in the Internet space is separately examined, where the issues of identifying offenders, determining jurisdiction, and exercising the right to remove illegal content are complicated. Directions for improving current legislation are proposed, in particular, introducing clear obligations for administrators of online platforms to block or remove images distributed without the consent of the person. In addition, the authors emphasize the need to increase the level of legal awareness of citizens in the field of digital security and the protection of personal non-property rights. The conclusion is made that effective legal protection of a person’s image should be based on a systemic approach that ensures a balance between the right to privacy and the freedom to disseminate information. Further research into this issue is promising with the aim of harmonizing national legislation with European standards for the protection of human rights.