MC shared embarrassing event photos
I recently attended a wedding where I had a bit too much to drink. The MC at the event, who was also handling the entertainment, took photos and videos of me and others and later posted them on his business page without asking us. Some of the photos are quite embarrassing and have gone viral. Can I sue him for sharing this private moment? Or does the fact that this was an event and he was contracted to cover it affect my case? What does the law in Tanzania say regarding posting photos taken at public events without permission?
PP, Arusha
Your concern is valid and speaks to the growing tension between privacy rights and social media exposure. The Personal Data Protection Act, Act No. 44 of 22 (the Act) restricts the disclosure of personal data without consent, particularly when the material is used for purposes other than its intended use. Section 3 of the Act defines personal data as any information recorded in any form that can be used to identify a specific individual. This includes details about someone’s race, ethnicity, religion, age, or marital status; their education, medical, criminal, or employment background; unique identifiers such as numbers or symbols; physical traits like address, fingerprints, or blood type; and even their name if its disclosure reveals personal information. It also covers private correspondence between the individual and a data controller, including opinions or views of others about that person. According to this definition, images, photos, or videos qualify as personal data because they capture identifiable individuals.
You have mentioned that the MC is the one who collected or received those photos, as part of their role at the event, and as such, they might be considered a data controller. That adds weight to their responsibility to safeguard such content. Section 3 of the Act defines a data controller as a natural person, legal person, or public body that alone or jointly with others determines the purpose and means of processing personal data.
Since the images were embarrassing and posted for commercial public exposure without your consent, the MC may be liable for unlawful disclosure. According to section 60, a data controller who, without lawful excuse, discloses personal data in any manner that is incompatible with the purpose for which such personal data has been collected commits an offence. This section clearly states that personal data must only be used for its intended and lawful purpose. If a data controller shares or uses personal information in a way that strays from that original purpose without a valid legal reason, they are not just being unethical, they are breaking the law.
Furthermore, Article 16 of the Constitution of the United Republic of Tanzania, 1977, guarantees every individual the right to privacy and personal security. Although the right to privacy may be restricted in public spaces, the Courts have relied on the Constitution to establish that unauthorised distribution for publicity or commercial gain can still breach individual rights. Moreover, being contracted as an MC does not exempt liability unless the contract explicitly covers commercial photo sharing with proper consent from the data subject (i.e., the person whose photos will be posted). The MC posting personal images may still breach privacy laws, even if they were contracted to cover the event.
We warn event hosts to exercise caution, as sharing personal images without permission may breach laws and privacy rights. In short, yes, you can take legal action. You may first issue a demand for the content to be taken down and, if ignored, file a claim for violation of privacy. However, be mindful that for matters concerning personal data protection, the Courts have held that the first avenue for recourse is the Personal Data Protection Commission established to, among other things, handle complaints for personal data protection and privacy rights violations. It is only then that you can knock on the doors of the Courts. Consult your lawyer for further guidance on remedies available to you.
