形象权例外比较研究——以伊朗法系为例

IF 0.9 3区社会学 Q2 LAW

Journal of Legal Studies Pub Date : 2023-05-18 DOI:10.2478/jles-2023-0007

Abbas Mirshekari, Alireza Fattahi, Neda Saeidi

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引用次数: 0

摘要

个人对自己的照片有权利，这意味着他们可以决定是否允许拍摄或发表他们的照片。因此，摄影或出版必须获得图像主体的同意。然而，这项权利不是绝对的，也不是没有例外的。人们有权知道他们的社区正在发生什么。因此，如果拍摄某人的照片并发布以供参考，则没有必要坚持征得同意。一些法律制度允许为获取信息而拍摄他人的照片。然而，在这种情况下，必须尊重人们的隐私和尊严，任何人都不允许发布侮辱或违反公共/个人互联网的图像。此外，图像不能用于商业目的。在伊朗的法律体系中，新闻自由(宪法第24条)和公共利益的重要性及其优先于私人利益(宪法第40条)传达了同样的理念，即允许出于信息目的发布图像。

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Comparative Study of Exceptions to Image Rights with Emphasis on the Iranian Legal System

Abstract Individuals have a right to their images, meaning that they can decide on permitting having their photos taken or published. Therefore, the consent of the person who is the subject of an image must be obtained for photography or publication. This right, however, is not absolute and without exceptions. People have the right to know what is happening in their community. As a result, if a photo is taken of someone and published for information, it is not necessary to insist upon obtaining consent. Several legal systems allow the imaging of others for informational purposes. However, in such cases, the privacy and dignity of people must be observed, and no one is permitted to publish images insulting or contrary to the public/personal internet. Also, images must not be used for business purposes. In the Iranian legal system, the freedom of the press (principle 24 of the Constitution) and the importance of public interest and its priority over private interests (principle 40 of the Constitution) convey the same idea that the principle is to allow publishing images for informational purposes.

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来源期刊

Journal of Legal Studies LAW-

CiteScore

1.70

自引率

10.00%

发文量

审稿时长

8 weeks

期刊介绍： The Journal of Legal Studies is a journal of interdisciplinary academic research into law and legal institutions. It emphasizes social science approaches, especially those of economics, political science, and psychology, but it also publishes the work of historians, philosophers, and others who are interested in legal theory. The JLS was founded in 1972.