КРИВИЧНОПРАВНА ЗАШТИТА СОПСТВЕНОГ ЛИКА
PENAL PROTECTION OF PERSONAL IMAGE

Summary/Abstract: The right to one’s own image is an individual right which is protected also in the sphere of penal law. With the development of photography, possibilities of infringing upon that right became more likely. In extreme cases of infringing into private life, and of unauthorized photographing people or scenes of intimate nature, penal-law measures are applied, too. While reviewing the conceptions of protection of that individual right in foreign and Yugoslav penal law systems, one is able to point at some restrictive elements in this matter. A violation of this right, namely, takes place, if unauthorized presentation of someone or of specific scenes has been effected by using an apparatus for final processing of the picture. Sometimes the offensive act is restricted to taking a picture, while in all cases of unauthorized photographing it is necessary that serious violation or privacy has taken place. In such a way the moment of violation, too, is not connected to the unlawfulness of the act itself (i.e. secret photographing), but rather to the result of such an act, whose occurence has to be assessed in each particular case. At the other hand, the condition of taking place of the violation in the majority of foreign legislations is that the passive subject has to be present in his own apartment (or premises) at the moment of unauthorized photographing. This is an unreasonable limitation of protection grounds, since violations of private life outside of such places and spaces are not included. All relevant elements point at the fact that there is a need in the penal- daw sphere protection of the right to one’s own photograph for a more flexible approach. And this requires a revision of the existing provisions dealing with the subject matter both in comparative and Yugoslav legislations.

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