Portretrecht

Portrait rights protect individuals against the unauthorized publication of their portrait and form part of the personality rights. They are governed by Article 21 of the Copyright Act and, in principle, require the consent of the person portrayed where that person has a reasonable interest in preventing disclosure, for example in relation to privacy or commercial exploitation.

In practice, this right is relevant to photographers, the media, advertisers and social media users. Publication without consent may give rise to injunctive relief or an award of damages, unless an exception applies, such as in news photography where the public interest prevails.

The right of portrait is not absolute and must be balanced against other interests, such as freedom of expression or journalistic reporting.