Use of image without consent
I own a lifestyle social media page where I post my travel and vacation experiences. It has come to my knowledge that one of my photographs was used by a tourism company based in Arusha to promote their business. Unfortunately, this was done without my consent and the company has refused to take down the photo on account that the image was obtained in a public domain and hence no privacy rights were interfered. Is this true? What does the law say on the use of personal image without consent?
EM, Arusha
The right to privacy is guaranteed under the Constitution of the United Republic of Tanzania, 1977 (the Constitution) amongst other laws. Article 16(1) of the Constitution states that every person is entitled to respect and protection of his person, the privacy of his own person; his family and of his matrimonial life, and respect and protection of his residence and private communications. It is also important to note that international human rights instruments also call for the respect of individual’s right to privacy. This includes the Universal Declaration of Human Right, 1948 and the International Covenant on Civil and Political Rights, 1966. Tanzanian Courts have on several occasions held that a personal image deserves protection of the law as it concerns with one’s privacy. The unconsented use of your image is therefore illegal and amounts to interference of your personal privacy. Posting photographs in a public domain does not take away the right to give consent on the use of one’s personal image. Your lawyer can guide you further on this.