Personal rights on the InternetBe careful when posting pictures and videos
TikTok, Instagram, Facebook - all these platforms live from the content of their users. Many texts, photos, videos or music files are uploaded there. The providers merely make the technical platform available. This makes users legally responsible for their actions- often without realizing it. Above all, there are repeated violations of personal rights and the right to one's own image.
The risks are particularly high for two reasons. Firstly, the legal issues in the area of personal rights are often complex and can hardly be answered by legal laypersons. Secondly, infringements are often easy to track down online and can therefore be easily prosecuted. This applies to open, but often also to closed areas of social networks. The following tips should help you find your way through the legal jungle.
Protection of personal interests: What are general personal rights?
According to the Basic Law, all people in Germany have the right to free development of their personality, provided that the rights of others are not violated. This "general right of personality" has many facets. It also includes the right to one's own image, according to which all people can decide for themselves whether and under what conditions someone may distribute or publish images of their own person. In addition, Section 22 of the Art Copyright Act states: "Likenesses may only be distributed or publicly displayed with the consent of the person depicted."
The basic idea behind these personal rights is that no one may be drawn into the public eye without being asked. Of course, there are exceptions, especially when other fundamental rights would otherwise not be guaranteed. For example, press reports on criminal offenses would be difficult to publish if the potential perpetrators had to give their consent first. In such cases, those affected therefore do not have to be consulted as an exception.
Legally, the privacy of others must be respected!
Of course, all these rights also apply on the internet. It makes no difference whether content can be found on a "normal" website or on a social network. What matters is that others have the opportunity to see this content. It is very easy to violate the privacy of others. The party photos or the latest video with partying and drunk friends are quickly published on TikTok. But this is not allowed.
The right to one's own image means that the persons depicted must be asked for permission before photos of them can be posted online. Only in a few exceptions can it be permitted without consent. For example, in the case of certain images of politicians or celebrities. Or if the picture shows a large crowd of people, such as at a demonstration or other historical event. In all other cases, the people photographed must always give their consent.
In certain constellations, even the act of taking a photograph can be punishable: This applies, among other things, if an unauthorized photograph "exhibits the helplessness of another person" and thereby violates the highly personal sphere of life. It can also be a criminal offence to pass on unauthorized images if they "could significantly damage the reputation of the person depicted"(Section 201a of the German Criminal Code).
What to do as a victim?
Anyone who finds pictures or videos of themselves on the internet has a legal right to have them deleted. Lawyers do not have to be called in immediately. Children and young people in particular often carelessly post lots of pictures online. It is then usually sufficient to write a short message and ask for the images to be deleted. It is important to set a deadline (e.g. three days or a week) within which the images should be removed.
Another option is to contact the service provider directly. This is because providers are also obliged to remove illegal content once they have been notified of an infringement. There is therefore usually a special complaint form in the help section or a report button directly next to the posts.
Information on sharenting
Parents often share the many wonderful moments with their children online. Caution is advised here! Children have the right to their own image and privacy. In addition, supposedly harmless images of children can be misused for sexual purposes. In our article, parents can find out which aspects they need to be aware of and how they can protect their children.
If nothing else helps: consult a lawyer and press charges
In really serious cases, those affected can turn to lawyers. They can then, for example, send an "official" letter with clear requests. To prove the infringement, it is important to take a screenshot of the unlawfully published images and also save the website on your computer. This can be done, for example, by right-clicking in the web browser and then clicking on "Save page as...".
Such documentation first of all ensures that lawyers can better check a possible infringement. You should also not be afraid to seek legal support. There are many lawyers on the internet who specialize in internet, personality or copyright law that you can contact. It is advisable to briefly describe the matter on the phone or by email and ask about any costs for an initial consultation.
In the case of serious legal violations and criminal acts, you should also consider filing a criminal complaint directly with the police. These include, for example, the publication of nude photos, serious defamation or malicious insults. Criminal charges can be filed at a police station oronline at https://online-strafanzeige.de .
This article is based on a text created in cooperation with iRights; author: Philipp Otto.
