Can I post someone's photo online in Czechia?
Not without consent — and you may need it twice. Publishing a photo interferes with the personality rights of the person shown (their likeness, § 84–85) and with the photographer's copyright if the shot is not yours. The fact that a picture sits on someone's Instagram is not a licence — downloading it and re-uploading breaches both. The exceptions are narrow: news reporting (public-interest events, proportionate), art and caricature with limits. The hardest lines: intimate images — distributing them without consent is a crime, and with children you are in criminal territory practically always. The common mistake is trusting that the friend from the party is not objecting. He is not objecting today; he can still sue a year from now.
📋 The rules
- Publishing a likeness: the depicted person's consent (§ 85)
- Someone else's shot: additionally the author's licence
- Re-posting from their profile is not consent
- Narrow exceptions: news, art, science — proportionate always
- Intimate images and children: criminal exposure — never without consent
🔓 Exceptions
- Your own photos with implied consent of those shown (group shots shared among participants)
- Public figures in public roles: news contexts
- Platform-native resharing of a photo the author published himself (no download and re-upload involved)
⚠️ Penalties & fines
The usual outcome is a personality-rights lawsuit: the court can order takedown, a public apology and non-material damages — for posts with real reach, awards run into tens of thousands of crowns. The copyright branch stacks on top: the photographer claims damages and unjust enrichment, meaning the licence fee you never paid, and legal costs often exceed the award itself. Non-consensual intimate images are a crime (up to 2 years, stricter with children). The photo comes down anyway — just at the price of an apology and a lawyer.
📎 Official sources
- Portál POHODA · Posting a friend's photo (CS) →
- E-Bezpečí · Risks of posting others' photos (CS) →
- ePravo · Publishing photos and videos online (CS) →
❓ Frequently asked
May I share a group photo from a party?
Among participants yes — posing for the shot implies consent. A public tagged post is different: it requires that nobody reasonably objects, and the moment someone asks for removal, take it down without arguing.
He posted the photo himself. May I re-post it?
His publication is not your licence. Platform-native sharing is fine because the photo stays with its author; downloading it and re-uploading to your own profile breaches both personality and copyright.
What about photos of my own children?
Parents decide for small children, so formally you may post them — but weigh their future privacy. Never post other people's children without parental consent; that is where criminal exposure begins.
Someone posted my photo. What can I do?
Start with a written demand for removal, then report it to the platform as a rights violation, and finally sue for personality protection with an apology and damages. With intimate images, go straight to the police.
Does this apply to photos from public events?
The news licence covers public-interest events only, and only proportionately: a crowd in frame yes, a portrait of a random visitor used in your marketing no. Public figures in public roles tolerate more.
🔎 Common searches
What people search to land here:
- “posting photo without consent czech”
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