[Hey Manji's Law You Want to Know!] Part 3: "Snapshot Hell! What Happens If You're Photographed Without Permission!? ~Justice in the Name of Portrait Rights~"
[Hey Manji's Law You Want to Know!]
Hello!
"I may not be photogenic, but I'm a man who looks good in the eyes of the law"
I'm Hey Manji!
Have you ever had an experience like this?
👦 "Isn't that person taking a picture of me with their smartphone...!?"
👧 "I was posing at a tourist spot, and some stranger was behind me...!?"
👴 "I was sleeping on the side of the road and got turned into a 'funny photo'!"
That's right.
The incident of being photographed without permission is a very common problem in modern society!
Can you actually sue for this!?
◆ Answer: YES! It depends on the conditions, but it can be illegal!
Let's get straight to the point.
If you photograph someone else without permission...
👉 It could be an infringement of portrait rights!
👤 "What are portrait rights?"
→ Simply put, it is the "right not to have your face or appearance used without permission."
In particularly malicious cases,
● Claim for damages
● Defamation or privacy infringement if posted online
● It could even become a criminal case if things go poorly!?
◆ When does it become illegal?
💥 If the following 3 conditions are met, it's seriously out of bounds!
The person is clearly identifiable
The photo was taken without consent
The situation is unpleasant or inappropriate by social standards
For example...
❌ Snapping a photo right after someone comes out of a convenience store restroom
❌ Exposing a sleeping office worker on social media
❌ A stranger's face is right in the center of a photo at a festival
→ This is all a triple threat of portrait rights, privacy rights, and online backlash!
◆ 'Can I be sued even for just a souvenir photo!?'
This is where it gets tricky.
👨👩👧👦 It is okay for passersby to appear in group photos at tourist spots.
Why? Because it falls within the scope of 'happening to be in the shot'.
But, zooming in on that passerby and uploading it to social media!
That is a violation!
In other words, the 'purpose,' 'usage,' and 'malice' are the key points!
◆ How to deal with being photographed without permission
😡 Even if you want to say, 'You just took a picture of me, didn't you?'
but it's scary or hard to say...
Gather evidence (take a photo with your own smartphone or make a note)
Consult with store staff or security guards
If that doesn't work, contact the police or a lawyer!
💡 Trivia:
→ It is best to clearly say 'Please delete it' on the spot.
→ If the other party refuses, try adding, 'I will take legal action for infringement of portrait rights!'
◆ Summary:
📸 Taking photos without permission is 'illegal in some cases'!
・Photography without the person's permission is a no-go
・Uploading to social media without permission is a major minefield
・Legal action is possible based on portrait rights + privacy rights
・If something feels wrong, speak up