Consent and social uses in relation to the right to one’s own image on social networks

Abstract

The violation of the right to one’s image on social media occurs when there is no express consent to publication by the photographed subject. Social uses in the use of social media refer to the norms and behaviour generally accepted by users on these platforms. These social uses generated by social media, and after consenting to be photographed by her husband when she knew that he was the holder of a Facebook account, clicking “like” or “j’adore” on several of the photographs posted on the wall of said account in which the plaintiff appeared (which also shows that she accessed said account regularly), without having objected at any time to said conduct by her husband or having asked him to remove them, must be considered, assessed as a whole, as a conclusive act demonstrating consent to her image being not only captured but also published on the Facebook account by her husband.