Can we post photos and videos of strangers on social media?

A photo of a person taking the subway with a lizard on his head, a person dressed in an atypical way or even a video of a child falling in a park. Every day on social media, many photos or videos of famous strangers appear on netizens’ news feeds. Although the scope is often minimal and the objective humorous or innocuous, these processes are strongly regulated by law, with image rights as the anchor point.

All part of article 9 of the Civil Code, established in 1970. And it is unequivocal: “Everyone has the right to respect for their private life.” Thus, whether on a social network or in real life, it is impossible to capture and publish a photo of a person, whether we know them or not, without their consent. But like everywhere, there is theory and practice.

small exceptions

As Anthony Bem, a lawyer specializing in digital technology, reminds us, we must distinguish between two types of photos, depending on whether the context is private or public: “It is prohibited to distribute photos taken in a private environment without consent. public place, you can take a photo of a crowd (for example, a demonstration, editor’s note) and publish it as long as you don’t focus on a particular person,” he explains to Tech&Co.

However, image rights have their exceptions, related to the right to information, freedom of expression and artistic freedom. In this case, the agreement is not necessarily necessary, as long as the image is not degrading to the person and is not used for profit.

Public figures can also be shown on social networks, but only if they are in the exercise of their functions and if the photo is informative. Clearly, if you take a picture of Jean Castex sitting on line 12 of the Paris metro while he’s just going to work, this may be a copyright infringement.

“Zero tolerance” for your image

The subway is also one of the favorite places to study the human species, and sometimes to take a photo or video of it. Some social media accounts have specialized in broadcasting crazy or unexpected moments on public transport. If the objective is “above all to make people smile” in the words of one of the creators interviewed by Tech&Co, the purpose does not change according to Anthony Bem.

Some accounts, however, impose rules to reduce this illegality: no posts of children, people in distress or nudity. And if one of the featured people is recognized, the post is immediately deleted. “In the seven years of this account’s existence, this must have happened to me less than ten times,” the creator of an account that regularly posts footage recorded on the subway confides to Tech&Co.

If today it is difficult to regulate what is published on social networks, it is also difficult for digital platforms, “which live in a legal paradise that is impossible to regulate”, according to Anthony Bem.

“It is also a matter of political positioning. Technically it is possible to legislate on the subject of the Internet, but we have platforms that evolve too quickly in the face of a justice system that is always lagging behind”, laments the specialized lawyer.