Right to One’s Image

The right to one’s image protects a person’s control over their own likeness. Under LIAW Article 86, pictures and portraits, even if they are not works, may not be exhibited or otherwise made public without the depicted person’s consent. If the person has died, consent is obtained from their relatives for ten years after death.

Exceptions (LIAW Article 86(2))

• Pictures of persons who play a role in the country’s political and social life
• Pictures of parades, official ceremonies or public gatherings in which people take part
• Pictures relating to current events, and radio and film news

Even where these exceptions apply, Article 24 of the Civil Code on the protection of personality rights is reserved (LIAW Article 86(4)). Exposing private moments with no news value, or using an image in a degrading context, may therefore be unlawful.

Other Layers of Protection

• Personality rights (Civil Code Article 24): Unauthorised use of an image infringes personality rights; prevention, cessation and damages may be claimed.
• Personal data: A photograph identifying a person is personal data. Sharing it requires one of the legal bases for processing under the data protection law.
• Criminal law: Where applicable, violation of privacy (Turkish Criminal Code Article 134) and data-related offences (Articles 135-140).

Commercial Use

Using images of employees, customers or models in advertising, catalogues and social media requires clear written consent, specifying the scope (channels, duration, territory). In commissioned portraits, the commissioning party or the depicted person may have photographs taken (LIAW Article 87). See our article Rights Over a Person’s Image and Photograph.