Das Recht am eigenen Bild - Fachanwalt für Medienrecht David Geßner, LL.M. berät bundesweit.

As specialist lawyers for media law based in Berlin, we are available nationwide to assist you with matters concerning personal rights, especially the right to one's own image. Our media law team has been advising public figures, companies, athletes, politicians, authorities, associations, clubs, and private individuals on all aspects of media law and personal rights for many years. The right to one's own image is being violated with increasing frequency in the digital age. Photos and videos are often illegally distributed on blogs or social networks like Instagram, Facebook, and others without the consent of those depicted. Since the internet never forgets—content spreads rapidly through sharing and saving, and it's impossible to trace who saved a particular photo or video—it's all the more important to be sparing with the distribution and sharing of your own images, and also to act responsibly with photos and videos belonging to others. The right to one's own image is being violated with increasing frequency in the digital age. Photos and videos are being illegally distributed on blogs or social networks like Instagram, Facebook, and others without the consent of those depicted. The right to one's own image is a specific aspect of the general right of personality and is regulated in Sections 22 and 23 of the German Copyright Act (KUG). In principle, images may only be disseminated or publicly displayed if the person depicted has given their consent. This consent can be given explicitly or implicitly, i.e., through conclusive conduct. However, the burden of proof lies with the party invoking consent, so obtaining explicit consent is advisable. In addition to the KUG, the GDPR has been applicable since 2018, as the dissemination of images constitutes data processing, which falls under data protection law. Regarding the consent requirement, both the KUG and the GDPR provide for some exceptions. In particular, media outlets may publish photos and videos in cases of public interest in information and based on freedom of the press, provided that a balancing of interests shows that the personality rights of the person depicted must take a back seat. In this context, it is crucial to consider whether the image material pertains to the intimate sphere, the private sphere, or the social sphere. Naturally, privacy offers the broadest protection against publication. ____________________ Welcome to Geßner Legal – Your Media Law Experts! Geßner Legal is a highly specialized media law boutique operating nationwide in the areas of media law, copyright law, trademark law, competition law, sports law, and employment law. Our goal is to provide you with optimal, fast, and efficient legal advice. Therefore, we focus exclusively on these areas of law. Our dedicated team of experienced lawyers is ready to assist you with in-depth expertise to best represent your interests. Our office is located in a prime location in the heart of Berlin, directly on Unter den Linden. 🌐 Website: https://www.gessner-legal.de 📞 Phone: +49 30 921011500 📧 Email: [email protected] 📱 Follow us on social media: YouTube:    / @der_medienanwalt   Instagram:   / der_medienanwalt   LinkedIn:   / ge%c3%9fner-legal-medienkanzlei   Twitter: https://x.com/ra_gessner Subscribe to our channel to stay up-to-date on the latest developments.