Portrait rights: Protect your image against unwanted broadcasting

Questioner

Ls My mother was filmed by a television program without permission. I gave permission for them to come and film me. My mother explicitly did NOT give permission for this. Still, they rang the doorbell and my mother went crazy. They still want to broadcast it because it would be newsworthy. What can I do to stop this, there are portrait rights and my mother's honor and good name can be damaged?

Lawyer

She could respond by pronouncing a ban on the visible recognizable broadcasting of her image. This concerns the importance of free news gathering, portrait rights, but also copyright. It is best for your mother to contact a lawyer as soon as possible who can take action as soon as necessary.

Lawyer

Your mother can appeal to her portrait rights. As a lawyer, in such a case I would request a broadcasting ban in summary proceedings under penalty of a penalty. If you want to broadcast quickly, it is still a hassle to get a summary proceedings date in time (in advance), so you have to act quickly. The television program will then have to prove that in this case the right to free news gathering deserves priority. That can provide a justification, but that does not have to be the case. In the case of well-known people or people who regularly seek publicity, this is more likely to be assumed, but I assume that cannot be invoked in this case. If your mother wants to take action, she will have to act quickly. Such a procedure will easily cost €5,000 plus court fees. Depending on the law firm you are dealing with, this could also be much higher. If your mother qualifies for legal aid, the question is whether she will find a lawyer who is willing to take it on that basis. I myself will not take on such a case on that basis. Perhaps there is a legal expenses insurer that can be called upon? By the way, sometimes a summons from a lawyer is enough to avoid deployment. That is of course not so expensive and in my opinion is worth it anyway.