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Comparative Study of Exceptions to Image Rights with Emphasis on the Iranian Legal System Cover

Comparative Study of Exceptions to Image Rights with Emphasis on the Iranian Legal System

Open Access
|May 2023

Abstract

Individuals have a right to their images, meaning that they can decide on permitting having their photos taken or published. Therefore, the consent of the person who is the subject of an image must be obtained for photography or publication. This right, however, is not absolute and without exceptions. People have the right to know what is happening in their community. As a result, if a photo is taken of someone and published for information, it is not necessary to insist upon obtaining consent. Several legal systems allow the imaging of others for informational purposes. However, in such cases, the privacy and dignity of people must be observed, and no one is permitted to publish images insulting or contrary to the public/personal internet. Also, images must not be used for business purposes. In the Iranian legal system, the freedom of the press (principle 24 of the Constitution) and the importance of public interest and its priority over private interests (principle 40 of the Constitution) convey the same idea that the principle is to allow publishing images for informational purposes.

DOI: https://doi.org/10.2478/jles-2023-0007 | Journal eISSN: 2457-9017 | Journal ISSN: 2392-7054
Language: English
Page range: 95 - 110
Submitted on: Apr 1, 2023
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Accepted on: May 1, 2023
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Published on: May 18, 2023
In partnership with: Paradigm Publishing Services
Publication frequency: 1 issue per year

© 2023 Abbas Mirshekari, Alireza Fattahi, Neda Saeidi, published by Vasile Goldis Western University of Arad
This work is licensed under the Creative Commons Attribution 4.0 License.