Сөз бостандығын қорғау халықаралық қоры
Международный фонд защиты свободы слова
The International Foundation for Freedom of Speech Protection

Newspaper “Ayna” was found guilty in violation of right to own picture

15 january 2014
January 15, 2014

On January 13, 2014 court of Karabalyk District (Kostanay Oblast) has entertained action of lawyer Talgat Akhmetov which was filed against LLP “Redaktsiya Rayonnoy Gazety “Ayna” concerning protection of the personal non-property rights. Defendant should make an apology to plaintiff for illegal usage of his picture and recover KZT5000 (1USD=155.17) as moral damage compensation, according to court decision.

The charges originated from article “Newspaper Oscar”: each, according to his deserts”, published in the newspaper “Ayna” on December 26, 2013. There was a publication and placement of collages with photos of some public figures in the form of Happy New Year joke and short information on their activity, manners, actions, collaboration from point of editorial staff’s view.

He thought that this collage was demonstrated as caricature and it violated his right to own picture; caption had negative information and it violated his non-property rights. T. Akhmetov demanded, that editorial staff should make an apology to him, publish a disclaimer for illegal usage of his personal picture, recover KZT500000 as moral damage compensation and reimburse court costs. During a trial, it has emerged that Talgat Akhmetov has given some interviews and comments for newspaper; allowed to place his photos for which he posed to photo reporter.

The Head of Legal Service of International Foundation for Protection of Freedom of Speech “Adil Soz” Ganna Krassilnikova has given a counseling assistance.
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