A court in Aktau has ordered a blogger to delete a video published on Instagram showing investigative actions and to pay compensation for moral damages to two city residents. The decision was made after the court ruled that the use of the victims' images without their consent was unlawful.
WHAT WAS THE BASIS FOR THE LAWSUIT
According to the Supreme Court, a resident of Aktau who runs a blog on Instagram posted on his page a video recording of investigative actions related to a criminal case. The footage captured two city residents who were involved in the case as victims.
The plaintiffs stated that they did not give their consent to the use and distribution of their images. Consequently, they filed a lawsuit demanding the removal of the video material and compensation for the moral harm caused.
WHAT POSITION DID THE COURT TAKE
Court No. 2 of Aktau pointed out that, according to Article 145 of the Civil Code of the Republic of Kazakhstan (“Protection of a Citizen's Image”), the use of a citizen's image without their consent is not permitted, except in cases provided for by law.
The court did not accept the defendant's arguments that he is a public figure or a freelance journalist. The court also noted that the published video does not belong to the category of materials for which the consent of the depicted individuals is not required.
WHAT DECISION WAS MADE
The court established that the posting of the video recording in the public domain, as well as the negative comments accompanying the publication, caused moral suffering to the plaintiffs.
The publication of the video material depicting the victims was declared unlawful. The court ordered the blogger to delete the video from his Instagram page and to pay each of the two plaintiffs 200,000 tenge as compensation for moral damages.
The court's decision has entered into legal force.
