الاعتداء على الحق في الصورة عبر مواقع التواصل الاجتماعي : دراسة تحليلية على ضوء الحكم الصادر عن الدائرة التجارية بمحكمة النقض المصرية بتاريخ 16 3 2022 في الطعن رقم 9542 لسنة 91 القضائية

الملخص EN

On 16 March 2022, the Commercial Chamber of the Egyptian Court of Cassation issued its decision in a case concerning the violation of the right to image on social media sites.

The court upheld the impugned decision, which required the appellant to indemnify the challenged person in the amount of Pound6 million for material and moral prejudices suffered as a result of the infringement of his right to image, in accordance with article (163) of the Civil Code.

In a statement, the Egyptian Court of Cassation affirmed that the right to image falls within the scope of the right of privacy, and the publication of the personal image of the contested heirs is required to obtain authorization, express or implied, in application of article 178 of the Intellectual Property Protection Act no.

(82) of 2002.

We have concluded in this study that the right to image is an inherent right of the personality, but of a particular nature that distinguishes it somewhat from those rights, bringing it a little closer to the right of the author, specifically with regard to the moral and financial content of this right.

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The right to the image falls within the scope of the right of privacy in the case where the image is taken in a private place.

As a general rule, The image taken in a public place falls within the scope of the owner's private life only if the latter is the main subject or is intended as reflected in the picture in this case in the manifestations of his private life.

We also concluded that the Egyptian Court of Cassation did not compromise when it upheld the impugned judgement in respect of specifically requiring the appellant to compensate the contested inheritor for the material damages sustained by the publication of his personal image without obtaining his permission.

on the grounds that these damages were the result of the plight of the contested heirs themselves, In violation of the article, he allowed the stabber to enter the plane's command room in the place of the incident.

(94/1) of the Egyptian Civil Aviation Act No.

28 of 1981 and its amendments as the productive, effective and even the only cause of such damage, While the plaintiff's mistake of publishing the image was the basis of the direct link and causal link to the damage, The appellant is only asked about the moral damages resulting from the publication of the photo without the permission of the contested author.