Facebook and the right to one’s own image: reflections on the judgement of the Spanish Constitutional Court 27/2020 of february 24th

  • Laura Flores Anarte Universidad de Sevilla
DOI: https://doi.org/10.18543/ed-68(1)-2020pp335-376
Keywords: Facebook, social networks, right to one’s own image, fundamental rights, Spanish Constitutional Court

Abstract

In the judgement 27/2020, the Constitutional Court of Spain ruled on the unlawfulness of illustrating a journalistic chronicle of a violent event with an imagen of the victim that had been taken from Facebook without his consent. The court decision considers that the publication of a photograph on a social network is not equivalent to authorization for third parties to use it freely and that publishing the victim’s image is neither newsworthy itself nor accessory to the information contained in the report and, therefore, appreciates the violation of the fundamental right to one’s own image.

Received: 07.04.2020
Accepted: 12.06.2020
Published online: 03.07.2020

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Published
2020-07-03
How to Cite
Flores Anarte, Laura. 2020. “Facebook and the Right to one’s Own Image: Reflections on the Judgement of the Spanish Constitutional Court 27/2020 of February 24th”. Estudios De Deusto 68 (1), 335-76. https://doi.org/10.18543/ed-68(1)-2020pp335-376.
Issue
Vol. 68 No. 1 (2020)
Section
Studies

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