Can the Media Use Individuals' Photos Without Prior Consent?

In the Republic of Kazakhstan, a citizen's right to their own image is protected by the state, regulated not only by constitutional norms but also by civil legislation. As per Article 145 of the Civil Code, the publication and use of a citizen's image require obtaining their consent. The Law "On Personal Data and their Protection" (Articles 7 and 15) stipulates that the use of personal data is permissible only with the owner's consent.

However, there are exceptions outlined in the legislation, allowing the media to use people's photos without their consent in the following cases:

• when the person is present or participating in significant cultural events, socially important in the fields of culture, mass sports events, peaceful gatherings, and other public events;
• if the disseminated information includes an image of a person and information related to their official and/or public activities, and is published by the person themselves, their legal representative, or an authorized person in sources with unrestricted access;
• when the use of the depicted person is for the purpose of protecting the constitutional order, maintaining public order, safeguarding human rights and freedoms, public health, and morals.

Therefore, the use of photographs without consent is only permissible in cases explicitly defined by law. For further details, refer to the text of the normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 04/21/2023 No. 11 https://www.gov.kz/memleket/entities/ksrk/documents/details/460548 ?lang=ru