Use Facebook? Diffuses photos without committing crime? To know the answer – EN Journal

According to the Court of Port Interface is a crime to publish photos on Facebook, without the photographed have given permission for the disclosure of the image. This decision was made in a case of a man who maintained an extramarital relationship, who did not want his picture with the alleged lover continued to be widespread in the social network

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In Portugal, legislation provides for the right to the image, in Article 79 of the Civil Code. “The portrait of a person can not be exposed, reproduced or released commercially without her consent (…)”. Public figures are the exception.

The Court of Appeal of Porto ruled in favor of a man who filed a complaint with the Public Ministry, after sharing their photos on Facebook, without due consent.

The man will have maintained an extramarital relationship with a woman for a year. This relationship ended, but the images recorded during the same continued to be widespread in that social network, repeatedly.

Once filed by prosecutors, the case went to the relationship, where the target had resorted. And the judges he was favorable

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“A non-consensual disclosure of image is illegal, even if the photo has been lawfully made, “they concluded the judges, which took into account the fact that the defendant have” perfect knowledge “that was contrary to the will of man. – by host was forbidden to put your photos on Facebook

This question entronca the Civil Code, which prohibits the dissemination of photos of people. It is Article 79 (right to the image), which can be applied to social networks:. “The portrait of a person can not be exposed, reproduced or released commercially without her consent (…)”

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The issue was launched for today with a judgment of the Court of Évora ratio, which recently banned a couple of post daughter photos on social networks

<. p> The case was raised in a custody dispute. And the curious thing is that no neither the father nor the mother raised the issue. It was the court that determined.

According to Article 79 of the Civil Code, on the right in the image, can be read at one point that “The a person’s picture can not be displayed, reproduced or commercially released without her consent (…) “.

Already in section two, the same article lists the exceptions and cases in which you do not need the consent of the person portrayed (pictured, repeat yourself). Among the exceptions are public figures, for example

The number three deals with the publication of these images:. “The picture can not, however, be reproduced, displayed or released commercially, if the act results in injury to honor, reputation or simple decorum of the person portrayed “

The question is relevant, even if not agree with any of the decisions:. permission or inhibition. Apart from that, more than the law, it is concerned a matter of common sense.