Right to the image

Group photo on the company's website: Is the image of an employee protected?

Publié le 16 mars 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Employees of a company are photographed with the whole team. Their group image is then disseminated on the business' website. It aims to demonstrate the cohesion of the company between employees and entrepreneurs. After publication, two employees sent a letter asking the employer to remove this photograph as damaging to their image.

The employer does not immediately grant their request. It is awaiting the filing of the employees' first-instance pleadings before a court. The Court of Appeal of Toulouse rejects their claim for compensation because they do not show that this late removal caused them personal, direct and certain damage since the image had been removed.

The Court of Cassation quashes and quashes the decision of the Court of Appeal. She recalls that everyone has the right to object to the publication of their image. Failure to respect this right is automatically punished by the payment of damages. The victim does not need to explain further the harm that resulted to receive this compensation.

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