In today’s digital age, being an influencer has become one of the most sought-after careers in the online world. An influencer’s image and identity are valuable assets that drive both income and reputation. However, as online media becomes increasingly widespread, there are growing instances of bad actors misusing influencers’ photos—especially sexy or revealing ones—for commercial purposes. These include unauthorized use in advertisements for products, supplements, or services.

This is no small matter. If you’re an influencer—or even just a regular person—whose image has been used without consent, you have full legal rights to take action against those responsible. Thai law offers protection in such cases, and it’s important to consult a lawyer promptly to explore your legal options and potentially file a lawsuit.

Using pornographic or sexy images without permission = Violation of personal rights + Defamation

Using someone’s image without permission, especially images that could damage their reputation—such as sexy outfits, swimsuit photos, or provocative poses—and using them to advertise products without proper context, or alongside misleading text, may constitute multiple legal violations under Thai law, including:

• Violation of personal rights under the Civil and Commercial Code, Section 420
  
• Defamation by means of advertisement, if the image or accompanying message causes damage, contempt, or hatred toward the person, under the Criminal Code, Sections 326 and 328
• Violation of the Personal Data Protection Act, B.E. 2562 (PDPA) if a person’s image is used for benefit without their consent

Offense under the Computer Crime Act, B.E. 2560, in the case of publishing images or data that causes harm to the data subject

Influencers = Public Figures Who Must Be Protected in the Same Way

Although influencers are considered “public figures” in the context of marketing or media, this does not mean that anyone can freely use their image or leverage their fame for commercial gain. Influencers, like any other individual, have Image Rights and Personal Data Rights.

If the image is taken for a specific purpose—such as to promote art, fashion, or personal work—and is later edited or used inappropriately to advertise products related to sex, weight-loss supplements, or anything that could damage their reputation, this is considered a serious violation.

Common Examples of Such Incidents:

• A fashion influencer posts a bikini photo on the beach, and it is edited with misleading text to advertise weight-loss products.
• A photo from an Instagram account of a social media personality is taken and used in a page selling cream without prior consent.
• A model’s sexy photo taken in a fashion context is placed on an advertisement for gambling websites or inappropriate services.

These situations, even without direct slander or accusations, can still cause significant harm to the individual’s reputation and career opportunities. They are entitled to claim damages or even pursue criminal charges.

What Should Influencers Do When Their Rights Are Violated?

1. Gather evidence immediately, such as screenshots of the infringing post, information about the poster, and the original image that was used.
2. Do not respond emotionally, as it may escalate the situation or cause you to become the wrongdoer yourself.
3. Consult a lawyer to assess the damages, collect evidence, and take legal action both civilly and criminally.
4. File a police report or a lawsuit in court. A lawyer can assist in handling the case correctly and quickly.

Request removal of the content or file a complaint with the relevant platform, such as Facebook, Instagram, TikTok, or the website where the infringement occurred.

Why Consult a Lawyer Specifically?

The process of filing a lawsuit for violations of personal rights and defamation on the internet involves complex legal details. These include claiming rights to the image, determining the intent of the violator, and demanding fair compensation for damages. An experienced lawyer will help you:

• Analyze the case accurately
  
• Collect all necessary evidence
  
• Professionally file the lawsuit
  
• Protect your reputation and rights in the long run

Influencers should not remain passive when their rights are violated, whether it is the unauthorized use of their image or the malicious editing that harms their reputation. Your image and reputation are valuable assets. If they are damaged, immediate legal action must be taken.

If you’re facing such an incident, don’t wait! Consult lawyer Arm from Wongsakorn Law Office immediately — because your image is your right, and we are here to protect it to the fullest.