الحماية الجنائية الموضوعية لحق الإنسان في صورته الشخصية : دراسة في التشريع الفرنسي و التشريع البحريني و التشريع الليبي

Abstract EN

Individual or personal freedom is a basic and important requirement of the human being in various peoples and throughout the ages.

The person has taken a long march of struggle and struggle to defend and protect it, and this has been demonstrated in the affirmation of personal freedom and the rights associated with it in various legislations around the world.

At the forefront of those rights is the human right to prohibit the image and not to take it, publish it or use it without its consent.

The risks to this right have increased with the scientific and technological progress and the resultant proliferation of imaging devices of various shapes and sizes, with superior capabilities more than ever, which made the person insecure, even inside his home, which is the most immunized place against intruders.

And a follower of social networks and different internet sites can notice the huge amount of image displayed, which may have been taken mostly without the person’s consent or with his consent to the capture without publishing.

The publication of images on social networks is to ensure that the greatest possible viewing of those images is achieved, given the number of people whose networks have exceeded millions of people, and this publication is for various purposes, foremost of which is defaming people or blackmailing them and directing them to publish if the owner of the image does not respond to the offender’s demands.

In addition to the use of surveillance cameras by the criminal justice agencies and the private sector in documenting some incidents or occasions, an unprecedented competition among journalists in obtaining pictures to document some events and occasions is added to this, because of the importance of the image and its credibility in this field.

Which prompted the French legislator to introduce new texts in addition to the existing texts to support the protection of the human right in the picture.

In return, the study revealed to us the weakness of the protection prescribed for the image in the Bahraini and Libyan legislation.