Right to your own image

What Is the “Right to One’s Own Image”?

In Germany, no one is allowed to publish photos or videos of you without your permission — this is known as the “right to one’s own image.” It is even part of the general right of personality protected by the German Basic Law (Art. 2 GG).

It is regulated by Section 22 of the German Art Copyright Act (KUG):

“Portraits may only be distributed or publicly displayed with the consent of the person depicted.”

This means that you decide whether photos of you can be published online. Without your consent, publication is generally unlawful. However, consent does not necessarily have to be given explicitly. For example, if you are paid for taking part in a photo shoot, permission is generally considered to have been given automatically.

Violations can also be punished: Anyone who violates Section 22 KUG can face up to one year in prison or a fine.

What Can I Do If I Am Photographed Without My Consent?

As a general rule, everyone affected has the right to demand that the content be deleted immediately. First, if possible, you should contact the person who posted your image and politely ask them to remove it. Often, a short, informal message is enough. You can also set a deadline. Many people are unaware of the legal situation and will remove the post after receiving a polite request.

If this does not work, you can contact the platform directly. Facebook, Instagram, TikTok, Snapchat, and similar platforms all have a “Report” or “Report content” button. You can generally indicate that your image was published without your permission. Platform operators are legally required to investigate reports that content is unlawful. For example, if a party video featuring you has been uploaded to TikTok, you can report it through TikTok's reporting function as a violation.

Be sure to take screenshots of the posted content while it is still online. Also save the webpage (e.g., save the link or print the page as a PDF). These records can be useful if you later take legal action.

You should also talk to an adult (parent, teacher, or trusted person) about the problem. In particularly serious cases (such as cyberbullying, blackmail, or abuse images), counseling services, the police, or a lawyer may become involved. However, in most cases, you do not need to immediately go to a lawyer. The steps described above are often sufficient. If nothing helps and you want to take legal action, your parents or a lawyer can send a formal letter — which is why keeping screenshots is very important.

When Does the Right Apply and When Does It Not? What Are the Limits?

As a general rule, you must always be asked before someone publishes photos of you. “Posting photos of other people without their consent” is unlawful. So if you are visible in a picture that someone wants to upload online, your consent is generally required. This applies regardless of the platform.

However, there are exceptions where you do not have a right to veto the publication. Under Section 23 KUG, certain situations are permitted even without the consent of the people depicted. The most important ones are:

• People who are figures of contemporary history: These are famous or politically relevant people (celebrities, politicians, athletes, etc.). In these cases, the public interest in information often takes precedence. Pictures of such people may generally be published without their consent. However, this primarily applies to activities in public life. Private photos or intimate situations involving celebrities can still be unlawful. Also, for example, your classmate at an election campaign event is not automatically considered a figure of contemporary history.
• Incidental appearance (“Beiwerk”): If you happen to be in the background of a photo in which something else is the main focus (e.g., a monument, concert stage, or landscape), you are considered merely incidental. Such pictures may be published because the focus is not on you. Example: A photojournalist takes a picture of a cathedral in the background of a busy public square. As a random passer-by, you do not necessarily have to be asked for permission.
• Public events/assemblies: At large events such as demonstrations, concerts, or sporting events, the event itself is also the main focus. In such cases, pictures of the crowd or event may be published online without everyone having to give their consent beforehand. So if you are standing in a parade or attending a football match in a stadium, your photo may be published because the event is the focus, rather than you personally.