Kazakhstanis to receive 200,000 tenge each over video published without consent

Tengrinews.kz — A blogger from Aktau has been ordered to delete a video posted on Instagram and pay compensation for violating citizens’ right to their image, citing the Supreme Court.

According to the court, the blogger posted a video on his page showing investigative actions in a criminal case. The footage showed two Aktau residents who were involved in the case as victims.

They later went to court, saying they had not consented to the use and distribution of their images. They demanded that the video be removed and compensation be awarded for moral damages.

Aktau Court No. 2 recalled that, under Article 145 of the Civil Code, the use of a citizen’s image without their consent is not permitted, except in cases directly provided for by law.

The court did not accept the defendant’s arguments that he was a public figure or freelance journalist. In addition, the court concluded that posting the video in open access, as well as the negative comments accompanying it, caused the plaintiffs moral suffering.

The court recognized the publication as illegal and ordered the blogger to delete the video from his Instagram page. He was also ordered to pay compensation for moral damages — 200,000 tenge to each of the two plaintiffs, for a total of 400,000 tenge.

The court decision has entered into legal force.