Today, a “photo” is not just an ordinary image, it’s a form of digital property that carries both personal and commercial value. Many people share their photos online whether it’s selfies on social media or product images for business but a recurring issue is the unauthorized use of photos, especially in harmful or illegal ways, such as:
- Using your picture to promote online gambling websites
- Using your image in product advertisements without consent
- Editing or manipulating your photo to cause defamation or misunderstanding
These acts are not trivial. They constitute a violation of image rights (Right of Publicity / Right of Image) and may even fall under criminal offenses.
Your Right to Your Own Image
Under Thai law, any photograph that clearly shows your face or likeness is considered personal data and part of your right to privacy.
No one can legally publish or use it without your consent whether for commercial purposes (advertisements, endorsements) or public display (websites, social media posts, etc.).
If someone uses your image without permission, especially in a way that harms your reputation, such as appearing on a gambling website or being linked to offensive content you are legally entitled to sue for damages under both civil and criminal law.
Relevant Laws When Someone Uses Your Photo Without Consent
1. Civil and Commercial Code, Section 420
“Whoever willfully or negligently causes damage to another person by an unlawful act shall compensate for the injury caused.”
This means if someone uses your photo and it damages your reputation, job opportunities, or emotional well-being for example, people mistakenly believe you’re associated with a gambling site you may file a lawsuit for damages as a civil tort.
2. Personal Data Protection Act (PDPA)
Any photo that identifies a person is considered personal data. Using or sharing it without consent violates the PDPA, which carries civil, administrative, and even criminal penalties.
3. Criminal Code, Sections 326 & 328 (Defamation)
If your image is used in a way that makes people despise or ridicule you such as being edited inappropriately or linked with immoral or illegal content the perpetrator may be prosecuted for defamation by publication, punishable by up to 2 years in prison or a fine up to 200,000 baht, or both.
4. Computer Crime Act, Section 14
Uploading or distributing your photo online with false or misleading information that damages your reputation may result in up to 5 years imprisonment, a fine up to 100,000 baht, or both.
What Should You Do If You Discover Your Photo Was Used Without Consent?
1. Collect Evidence Immediately
Take screenshots of the website, post, or ad that used your image including date, time, URL, and context for use as evidence in police or court proceedings.
2. Request Content Removal
Contact the website owner or platform (Facebook, Instagram, TikTok, Google, etc.) to request content removal. Provide proof that you own the image, such as the original file or post.
3. File a Police Report
You can report the violation to your local police or the Technology Crime Suppression Division (TCSD). Possible charges include violations of the Computer Crime Act or defamation.
4. Consult a Lawyer for Civil Action
If the incident caused financial loss, emotional distress, or reputational harm, your lawyer can assess damages and file a civil lawsuit for compensation.
Don’t Underestimate “Just One Photo”
In the digital age, a photo represents your identity, credibility, and social image.
If someone uses your image for illegal advertising or defamation, it not only ruins your reputation but can also lead to serious misunderstanding or criminal implication.
Do not ignore or try to handle it yourself missteps could lead to lost legal rights or missing evidence.
Consult a Lawyer to Protect Your Image Rights
If you find out that your photo has been used on gambling websites, online ads, or manipulated in harmful ways, don’t act alone.
Each case may involve different legal areas criminal, civil, and data protection.
Consulting a lawyer early helps you:
- Identify which laws apply to your case
- Prepare proper evidence
- File for compensation or press charges effectively and lawfully
Wongsakorn Law Office
We have a team of expert lawyers specializing in technology and tort law, ready to assist you in cases involving unauthorized photo use.
Our goal is to ensure you receive justice and full protection of your image rights.
Don’t let your photo become a weapon against you, let us legally defend your right to your image.
