My picture was used in an advertisement without my permission — is that allowed?
These days, our photos can end up online so easily — maybe from a friend’s Instagram post, a school event, or just being in the background of someone’s picture. With cameras everywhere and people sharing photos all the time, it’s not unusual to suddenly see your face somewhere unexpected — like in an advertisement or a poster. It makes you wonder: “Can they really use my picture in an advertisement without asking me?”
So… can someone really use your picture without permission?
Here’s the tricky part: under current Malaysian law, there’s no specific right to privacy that allows you to sue just because your photo was used without consent.
Whether or not you can take action depends on the situation – for example, what’s in the photo shows and how it’s being used in the ad.
Let’s look at real examples.
In 2001, a company’ took a photo of a group of kindergarten’s pupils at an open area outside the kindergarten and published it in two local newspapers as part of a Bonus Link advertisement. One of the people in the photo sued, saying his privacy was invaded.
The Court didn’t agree. The High Court judge said that the photo was taken in a public area, where people are generally free to take pictures. Hence, there was no breach of privacy. However, the Judge also noted something important: if the photo was offensive, embarrassing, or showed the person in a negative light, that might be a different story.
In another case, a medical officer found her photo being used in a bridal gown advertisement without her permission. She sued the publisher for defamation as “the said publication portrayed her to be a woman of loose morals; an unsuccessful doctor who had to resort to doing part-time modelling to supplement her income”.
However, her claim was unsuccessful. The Court held that the ad did not convey any derogatory meaning – it was a bridal gown promotion and it did not suggest any immoral activity or lack of virtues. Although the Judge recognises that the usage of her photo without permission was morally wrong, unethical, and an invasion of her privacy, but unfortunately, as the law stood at that time, the Malaysian law doesn’t recognise such invasion as something you can sue for.
Conclusion
At the end of the day, whether or not you can take legal action really depends on the situation. If you ever find yourself in a situation like this and you’re not sure what your rights are, it’s best to speak to a lawyer. They can help you understand your options based on your specific case.
Disclaimer: The contents of this article are for informational purposes only and should not be taken as legal advice.
References:
Ultra Dimension Sdn Bhd v Kook Wei Kuan [2004] 5 CLJ 285
Dr Bernadine Malini Martin v MPH Magazines Sdn Bhd & Ors [2006] 2 CLJ 1117 (HC); [2010] 7 CLJ 525 (CA)
Sherinna Nur Elena binti Abdullah v Kent Well Edar Sdn Bhd [2014] 7 MLJ 298
