Image rights

Taking a picture and publishing it are two separate legal acts. Almost every dispute turns on that distinction.

Illustration: Image rights

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Sexual deepfakes: a UK MP calls for an international framework

— A British MP called in Parliament for an international framework against sexual deepfakes and the sharing of intimate images without consent.

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Photographing is not publishing

In almost every country, taking a photograph in a public place is not in itself unlawful. What the law regulates is dissemination. Some systems require separate consent for each step — one to be recorded, another to be published. Others look only at the result and ask whether publication harms a legitimate interest. Either way, agreeing to be photographed is not agreeing to be published, still less to be published in a different context.

The standard exceptions

A photographer captures a crowd dancing at a summer street festival in a lit-up square
Crowds and gatherings, where no one is singled out, are a classic exception.

Four situations recur almost everywhere: a person illustrating a news event; a person who is merely incidental to a place or scene rather than its subject; crowds and public gatherings, where no individual is singled out; and public figures carrying out their functions. Conversely, commercial or advertising use of someone's likeness almost always requires permission, even where the photograph itself was lawfully taken.

Intimate images: the clearest convergence in recent law

This is the area where legislation has moved fastest and most alike. The rule now spreading everywhere is simple: consent to record is not consent to share. Several systems have removed the requirement to prove an intention to cause distress, which was hard to establish and caused prosecutions to fail. Synthetic and manipulated images of real people are increasingly covered, and platforms are subject to short removal deadlines.

Children: the most poorly handled question

An image of a minor requires the consent of those with parental responsibility, often both. The practical difficulty lies elsewhere: publication by a parent, a school or a sports club. A written refusal is an objection and must be respected, and where an institution uses a consent form, an unsigned form means refusal, not tacit acceptance.

Report first, litigate second

Removal obtained from the platform is almost always faster than a court order. Capture the whole page with the URL, the date and the account name, then use the reporting form, and only then start proceedings. For intimate images, hashing services let participating platforms block re-uploads without you sending the image anywhere.

The law country by country

The legal framework, the procedure, the time limits and the costs differ from one country to another. Each country below has a detailed page: governing texts, key facts, the actual procedure, costs, where to go and the traps to avoid.

Select a country to open its detailed page.

European framework

European Union

The Union has no free-standing right to one's image: a photograph of a person is personal data protected by the GDPR, and removal is handled through the Digital Services Act.

Europe

Ireland

Coco's Law made non-consensual intimate image sharing a specific criminal offence, with no requirement to prove intent in the main case.

United Kingdom

There is no stand-alone right to your own image — but privacy, data protection and new intimate-image offences fill most of the gap.

Western Africa

Ghana

Section 66 of the Cybersecurity Act makes non-consensual sharing of intimate images a criminal offence.

Nigeria

The Cybercrimes Act covers cyberstalking and the distribution of obscene or intimidating material.

Eastern Africa

Kenya

Publishing intimate images without consent is a specific offence under the 2018 cybercrimes statute.

Uganda

Sharing intimate images is criminalised — but so, in some circumstances, is possessing them, which can expose victims.

Zambia

Cybercrime legislation covers harassment and obscene material; the framework was replaced in 2025.

Southern Africa

South Africa

Sharing an intimate image without consent can be a criminal offence. The Cybercrimes Act can also cover simulated images, subject to its definition and other legal conditions.

Southern Asia

India

Criminal provisions on voyeurism and obscene transmission, plus IT Rules requiring removal of intimate imagery within 24 hours.

Pakistan

PECA 2016 criminalises the non-consensual use of intimate images, and the National Cyber Crime Investigation Agency (NCCIA) runs the investigations.

Eastern Asia

Hong Kong

The 2021 reform created dedicated voyeurism and intimate image offences, alongside the doxxing regime.

South-eastern Asia

Malaysia

Content offences under the communications legislation, reinforced by the Online Safety Act framework.

Philippines

The Anti-Photo and Video Voyeurism Act is one of the oldest and strictest statutes of its kind in Asia.

Singapore

The 2019 penal code reform created specific voyeurism and intimate image offences, backed by fast protection orders.

Northern America

Canada

Outside Quebec there is no general right to your image; the criminal law on intimate images and new provincial statutes do the work.

United States

Image rights are a matter of state law — but a federal statute now requires platforms to take down non-consensual intimate imagery within 48 hours.

Caribbean

Jamaica

The Cybercrimes Act covers malicious communication; the Sexual Offences Act and voyeurism provisions complete the picture.

Trinidad and Tobago

Harassment and sexual offences provisions carry the weight; there is no dedicated intimate image statute.

Oceania

Australia

The eSafety Commissioner can order removal and fine those who refuse — an administrative route with no court needed.

New Zealand

The Harmful Digital Communications Act gives a fast civil route through an approved agency, with the District Court behind it.

This topic is also covered for French-speaking countries · German-speaking countries.

Research

Sources

  1. Kunsturhebergesetz (KunstUrhG), § 22 — German Federal Ministry of Justice, accessed 2026 (in German)
  2. Sexual Offences Act 2003, section 66B — Sharing or threatening to share intimate photograph or film — UK Government (GOV.UK), 2024
  3. Directive (UE) 2024/1385 du Parlement européen et du Conseil du 14 mai 2024 sur la lutte contre la violence à l'égard des femmes et la violence domestique — eur-lex.europa.eu, 2024 (in French)
  4. Règlement (UE) 2022/2065 du Parlement européen et du Conseil du 19 octobre 2022 (règlement sur les services numériques) — eur-lex.europa.eu, 2022 (in French)

Official or institutional documents this page relies on, consulted on 12 October 2026. Links open in a new tab.

Content updated in . The instruments cited can change: if in doubt, confirm with the official source given.

Text written with the help of AI, under the editorial responsibility of CAPIT; human reviews are occasional (method and sources: About). This content does not replace medical or legal advice. Spotted an error? Write to us.

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