Image of a citizen: promulgation only with his consent

The Supreme Council on the initiative of deputies of the profile parliamentary committee on public associations, sports, information and youth policy adopted amendments to the Civil Code. The legislative act defines in which cases it is possible to use a photo, video or a work of fine art, on which a citizen is depicted. The relevant law was signed June 22 by the President Vadim Krasnoselsky.

According to the new article of the Civil Code "Protection of an image of a citizen", "the promulgation and further use of the citizen's image (including his photographs, as well as video recordings or works of fine art in which he is depicted) are allowed only with the consent of this citizen". The image after his death,  can be used only with the consent of the children and spouses, and in their absence - with the consent of parents.

There are cases along with this when such consent is not required. First, if the use of an image is carried out in the public, public or other public interests. Secondly, an image of a citizen is obtained when shooting, which takes place in places open to free access, or at public events. Thirdly, when a citizen posed for a fee.

A citizen has the right to demand the removal of his image from the Internet in cases where it was received and placed there in violation of the current legislation.

The law adopted by the deputies of the Supreme Council also notes: "The copies of material carriers made with a view to introducing into civil circulation, as well as copies of material carriers containing an image of a citizen obtained or used in violation of existing norms of law, shall be withdrawn from circulation and destroyed without any compensation whatsoever".

Similar rules are prescribed in the Russian legislation. As a general rule, an image of a person can be made public and used only with the consent of that person (Article 152.1 of the Civil Code of the Russian Federation).