Kazakhstan courts order damages for posting photos without consent
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Kazakhstan's Supreme Court highlighted two rulings where courts ordered users to delete offensive posts, publish retractions, and pay moral damages for using photos without consent. In Ust-Kamenogorsk, two defendants each paid 300,000 tenge over an Instagram post with insults. A separate case in Zhambyl region awarded 20,000 tenge each from two neighbors over WhatsApp photos.
Key Facts
- In Ust-Kamenogorsk, two defendants each paid 300,000 tenge in moral damages and court costs for posting a woman's photo with insults on Instagram.
- In Zhambyl region, a court ordered two neighbors to pay 20,000 tenge each for sharing a woman's photo in WhatsApp chats with about 1,500 participants.
- The Supreme Court of Kazakhstan stated that personal opinion on social media does not exempt from liability if it contains unproven accusations against a person.
- Article 145 of the Civil Code of Kazakhstan prohibits using a person's image without direct consent, including in social media posts, stories, and group chats.
Ust-Kamenogorsk Instagram Case
A resident of Ust-Kamenogorsk found offensive content on Instagram where two users posted her photo with obscene language and hints of immoral behavior and 'selfish machinations with clients'. The defendants argued the posts were their 'personal opinion', but the court rejected this, ruling that emotional accusations against a specific person are statements requiring factual proof. The court ordered the posts removed and a retraction published, and each defendant paid 300,000 tenge in moral damages plus court costs. The appellate and cassation instances upheld the decision.
WhatsApp Photo Sharing Case
A resident of Astana found her photo in two WhatsApp chats with about 1,500 participants, leading to a case in the Shu District Court of Zhambyl region. The court accepted screenshots of the chats as electronic evidence and ruled that posting the photo without consent violated her rights. Two neighbors were ordered to pay 20,000 tenge each to the plaintiff. The court refused to order deletion of the messages because it was technically impossible to ensure removal from all recipients, and the claim against a third defendant was dismissed for lack of proof. The Zhambyl Regional Court upheld the decision.
Legal Basis and Supreme Court Position
The Supreme Court of Kazakhstan emphasized that personal opinion on social media does not exempt from liability if it contains specific accusations against a person that are not confirmed by facts. Article 145 of the Civil Code of Kazakhstan states that no one has the right to use a person's image without their direct consent. This norm applies to any publications on social networks, stories, and mass mailings in group chats. Citizens have the legal right to demand through court a refutation of information discrediting their honor, dignity, or business reputation if the disseminator cannot prove its truth.