Volume 26, Issue 93 (spring 2021)
__Judicial Law Views __2012__, 26(__59__): __224236 |
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abtahi F, koosha A, montazerqaem M, mirshekari A. Image right in public places. دیدگاههای حقوقی 2021; 26 (93) :211-236
URL: http://jlviews2.ujsas.ac.ir/article-1-1913-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1913-en.html
1- university of judicial scinces and administrative services , mabtahi34@yahoo.com
2- university of judicial scinces and administrative services
3- University of Tehran
2- university of judicial scinces and administrative services
3- University of Tehran
Abstract: (739 Views)
The image right is one of the human personality rights that according to it, the possibility of Photography and publishing of the image falls within the scope of one's authority. Therefore, photographing and publishing of the image requires the consent of the person subject to the image. However, this right is not absolute and is limited to public places. Other legal systems have accepted shooting in a public place as a principle, provided that privacy protected and no offense is made. They have stated various Foundations for this permission, including "implied consent", "freedom of expression" and "social necessity". In the Iranian legal system, photography without focusing on a specific face is allowed, because this type of photography is not a violation of privacy and does not lead to the seizure of another's right. Also, according to "Articles 24 and 40 of the Constitution", "Press Law" and jurisprudential principles such as "Principle of no harm" and "Principle of domination", it can be said that photographing of people is acceptable in order to protect the public interest and prevent harm, provided that the rights of the person are protected
Type of Study: Research |
Subject:
Pivate Law
Received: 2020/07/14 | Revised: 2022/12/26 | Accepted: 2021/09/12 | Published: 2021/06/05 | ePublished: 2021/06/05
Received: 2020/07/14 | Revised: 2022/12/26 | Accepted: 2021/09/12 | Published: 2021/06/05 | ePublished: 2021/06/05
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