Can I publish a photo of someone without their consent?
In principle no, without their consent. Everyone has an image right (tied to privacy, article 9 of the Civil Code): to publish or share the photo or video of an identifiable person, you in principle need their consent. Exceptions exist: a person lost in a crowd in a public place (not isolated as the main subject), news and the right to information, or a public figure on duty. For a minor, the parents' consent is needed. Taking a photo is one thing; sharing it is another, more regulated.
📋 The rules
- Publishing an identifiable person's image: consent required
- Right tied to respect for privacy (art. 9 of the Civil Code)
- Exception: a person in a crowd, not isolated, in a public place
- Exception: news and public figures on duty
- Minor: parents' consent essential
🔓 Exceptions
- Photo of a crowd or public event, without isolating a person
- News information and freedom of expression (with dignity)
- Public figures in the exercise of their functions
⚠️ Penalties & fines
Sharing a person's image without consent can be a privacy breach: the victim can seek removal and damages before the civil judge. Capturing or sharing images in a private place without consent is also an offence (up to 1 year in prison and a €45,000 fine). Sharing an image harming dignity or with malicious intent aggravates the penalties.
📎 Official sources
- Service-Public.fr · Image rights →
- Légifrance · Article 9 of the Civil Code →
- CNIL · Photos and image rights →
❓ Frequently asked
Can I publish a photo of someone?
In principle only with their consent, as everyone has an image right tied to privacy. Without consent, the identifiable person can seek removal of the photo and damages.
And a photo taken in the street?
If the person is lost in a crowd or public event, not isolated as the main subject, sharing is generally allowed. But once a person is identifiable and highlighted, their consent is needed again.
Can you photograph a public figure?
A public figure on duty can be photographed and the image shared for information. Their privacy stays protected outside that context.
Is consent needed for a child's photo?
Yes, the parents' consent (holders of parental authority) is needed to share a minor's image. Protection is reinforced for children, including on social media.
What's the risk of sharing without consent?
A civil action for privacy breach (removal and damages). Capturing or sharing images of a person in a private place without consent is also an offence, punished up to 1 year in prison and a €45,000 fine.
🔎 Common searches
What people search to land here:
- “image rights photo no consent”
- “publish photo person consent”
- “street photo image rights”
- “minor photo social media consent”
- “article 9 civil code image”
- “share photo without authorisation”