Article | Realization and Protection of the Information Rights of a Person in the Cases Photography and Video Filming |
---|---|
Authors |
ANATOLIY KODYNETS
Dr. Habil. (Law), Professor, Head of Intellectual Property and Information Law Department of Educational and Scientific Institute of Law at Taras Shevchenko National University of Kyiv, Leading researcher of The Scientifis Research Institute of Intellectual Property (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0002-0954-1474 Researcher ID: http://www.researcherid.com/rid/ID AAX-7276-2020 a_kodynets@ukr.net
|
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 9 / 2022 |
Pages | 61 - 72 |
Annotation | In modern conditions of development of information technologies, the widespread use of photo and video recording tools and the placement of relevant materials on social networks or the Internet has become commonplace. So far, not only specialists, but also ordinary people have an increasing understanding and awareness of the importance of obtaining complete and reliable information about the surrounding reality, its realities and threats. Ensuring an individual’s access to information, creating opportunities for its free receipt, verification and analysis in order to form a system of one’s own judgments and beliefs is one of the main tasks of a free, democratic state, the basis for the functioning of civil society. The spread of information technologies, the formation and development of the information society leads to a rethinking of the role and significance of information as a social good and a legal phenomenon. Information from the category, which characterizes the system of knowledge and ideas about a person and the reality surrounding him, is transformed into a basic condition for the life of a person, an integral attribute of his functioning and social development. The purpose of the article is to study the legal foundations for protecting the information rights and interests of the individual during photo and video filming, analyze the features of the exercise of subjective rights in this area, identify the shortcomings of their legal regulation and practical problems of implementation under martial law, and determine ways to solve them. During the period of martial law, the free dissemination of information can pose a significant threat to the interests of national security, in connection with this, the state has established restrictions and criminal liability for the dissemination of information about the direction, movement of weapons, weapons and ammunition to Ukraine, the movement, movement or deployment of the military or equipment of the Armed Forces of Ukraine. At the same time, in the current circumstances, both representatives of the media sphere and ordinary people do not always take into account the legal requirements for the legality of taking photographs and videos, distributing and publishing images of other persons, which may lead to a violation of subjective information rights and interests persons during photo and video shooting, regulated by the Civil Code of Ukraine. It is noted that non-observance of the legal basis for photography or video filming and distribution of relevant materials in information systems and public access resources can lead to a violation of the subjective information rights and interests of persons during photo and video filming and entails the initiation of judicial protection and prosecution.
|
Keywords | information rights; photography; video filming; the right to the image; consent to photography, video filming; public event; information about personal, family life |
References | Bibliography Authored books 1. Venediktova I, Zakhyst okhoroniuvanykh zakonom interesiv u tsyvilnomu pravi (Yurinkom Inter 2014) (in Ukrainian).
Journal articles 2. Eismunt V, ‘Zhinka z chervonym manikiurom. Istoriia Iryny Filkinoi z Buchi, yaku vbyly rosiiany’ (Zahid.net, 07.04.2022) <https://zaxid.net/zhinka_z_chervonim_ manikyurom_n1540534> (accessed: 23.09.2022) (in Ukrainian).
|
Electronic version | Download |