Derecho a la propia imagen y divulgación en prensa de fotos obtenidas de Facebook

Abstract

The Spanish Constitutional Court judgment 27/2020 has confirmed that the publication of a photograph obtained from the Facebook profile of an anonymous citizen by a newspaper, to illustrate the tragic incident of which he was victim, constitutes an illegitimate interference with his right to one’s own image. The Court of Guarantees reached that conclusion after rejecting that social networks constitute spaces open to the public, as well as that the publication of photographs on social networks involves tacit consent for their use by third parties