The violation of Image Rights in the case of passenger Jennifer Castro

Case of passenger Jennifer Castro

What if someone uses your image without permission to post on social media? Worse, the video goes viral, exposing you to an embarrassing situation. Could this warrant compensation for a violation of image rights? Let’s examine a real-life case that sheds light on this issue.

Jennifer, a passenger on a flight from Rio de Janeiro to Belo Horizonte, encountered a situation that tested her rights. Upon boarding, she found a child occupying her seat. Politely, she asked the child to move, as she was rightfully claiming her seat. The child, upset, asked her mother to reclaim Jennifer’s seat.

The mother chose not to intervene, but another passenger, who had no connection to the family, decided to step in. This bystander asked Jennifer to give up her seat "out of goodwill." When Jennifer refused, the bystander filmed her without permission. Later, the bystander’s daughter posted the video on her social media account, which focused on makeup content. The video went viral, exposing Jennifer to public ridicule.

What does the law say in this situation?

Article 20 of the Brazilian Civil Code prohibits the use of someone’s image without their consent, even when the content is non-commercial. There are exceptions, such as the right to information. However, when weighing the principles in a specific case, the right to one’s image often prevails, especially when private matters without public relevance are involved. Thus, Jennifer’s right to her image was violated, entitling her to seek legal redress under Article 5, Section X of the Brazilian Constitution.

What if Jennifer’s face had been hidden in the video?

Even if a sticker had been used to cover Jennifer's face, a violation could still occur. The image rights also extends to other identifiable characteristics, such as voice or gestures.

Beyond the legal breach, there’s a profound emotional and social toll in situations like this. As Brazilian author Clarice Lispector once said, “The joy of finding echoes of your inner self in your external figure.” This underscores how integral identity and image are to personal autonomy. When someone misuses another’s image without permission, it diminishes their sense of self.

References:

BRAZIL. [Constitution (1988)]. Constitution of the Federative Republic of Brazil of 1988. Brasília, DF: Presidency of the Republic. Available at: https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm. Accessed on: Dec. 8, 2024.

______. Law No. 10,406, January 10, 2002. Institutes the Civil Code. Official Gazette of the Union, Brasília, DF, Jan. 11, 2002. Available at: https://www.planalto.gov.br/ccivil_03/leis/2002/l10406compilada.htm. Accessed on: Dec. 8, 2024.

LISPECTOR, Clarice. All the Chronicles. Preface by Marina Colasanti; organization by Pedro Karp Vasquez; textual research by Larissa Vaz. 1st ed. Rio de Janeiro: Rocco, 2018.

CONTROVERSY ON THE PLANE: UNDERSTANDING THE CASE OF THE WOMAN WHO WENT VIRAL FOR REFUSING TO GIVE UP HER SEAT FOR A CHILD. g1. Dec. 6, 2024. Available at: https://g1.globo.com/turismo-e-viagem/noticia/2024/12/06/polemica-no-aviao-entenda-o-caso-da-mulher-que-viralizou-ao-nao-ceder-lugar-para-crianca.ghtml. Accessed on: Dec. 8, 2024.