Why do organizations in Nigeria always engage in the violation of individuals’ image rights?
Yesterday, a renowned Nigerian entertainer reached out to me briefing me on how a household fintech company based in Nigeria used his image to make a post and run an advert on social media through their official social media handles without his consent or authorization.
This is becoming regular in Nigeria where popular companies will use an image of a person to make a post and run an advert without first seeking the consent or authorization of the person whom they used his or her image. Just last year, I handled a public case where my client, a popular entertainer as well, had his image and pictorial representation used for an advert by a multinational company who are into manufacturing and supply of household consumer items without his consent or permission. The case ended with us coming to terms with the company and settling out of court when the company paid us the compensation we demanded.
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It can only be interpreted that companies in Nigeria are taking advantage of the “anyhowness” in the Nigeria’s jurisprudence or that their social media handlers are just ignorant of the law. They dare not do this in countries with a more developed jurisprudence like the USA, the UK, Canada, Germany etc.
In those country, you will first seek a person’s express consent and written authorization before you can use his image, pictorial representation or any other intellectual property affiliated to that person if not you will pay through your nose.
Most brands in Nigeria, even multinational organizations who are expected to know better always do engage in the Misappropriation of an individual’s Likeness and the violation of the image right of individuals.
At common law and in the court of equity, the use of another person’s image to promote or publicize products or services without their direct consent constitutes grounds for a cause of legal action. This is because the law recognizes a person’s right to be free from exploitation in any manner. Image rights refer to the use, appropriation and/or exploitation of a person’s image, and include the expression of a personality in the public domain.
When a person’s image or pictorial representation is used without that person’s consent and authorization, it constitutes not just a breach of intellectual property laws applicable in Nigeria, specifically the Copyright act, but also data protection laws, the cybercrime act and it is also an affront to the fundamental right to privacy of an individual as provided in section 37 of the constitution of the federal republic of Nigeria, 1999 (as amended).
Companies in Nigeria should take their staff through basic legal courses if they are ignorant of the law so that they can avoid attracting legal liabilities and legal causes of actions to their organizations.
