Un fallo condena a un portal periodístico por publicar imágenes sin autorización de su titular
Author | Josefina Barbero,Gustavo P. Giay,Diego Fernández |
Published date | 22 June 2022 |
Date | 22 June 2022 |
Law Firm | Marval O'Farrell Mairal |
En una reciente causa, el actor demandó por el uso sin autorización de una imagen suya para acompañar e ilustrar una nota periodística sin su consentimiento. La imagen se obtuvo de una publicación del actor en una red social.
El tribunal de primera instancia admitió la demanda contra la editora y dueña del portal periodístico.
En apelación, la Cámara Civil sostuvo que el derecho a la imagen se caracteriza por la libertad de decidir sobre la captación, reproducción y difusión de la imagen de su titular, actos que se encontrarían, en principio, prohibidos sin el consentimiento de la persona, independientemente de que dicha difusión cause o no una lesión a sus derechos económicos o morales.
Adicionalmente, destacó la protección que el artículo 1071 bis del Código Civil (entonces vigente) brindaría al derecho a la imagen al regular las posibles medidas que el titular de la imagen podrá tomar ante una intromisión arbitraria en su vida que resulte de la publicación de su retrato, entre las que se destacan, la fijación de una indemnización y la posibilidad de exigir la publicación de la sentencia en un...
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