Like many other laws (for example, the Law "On Private Detective and Security Activities in the Russian Federation"), this text on "Protecting the Image of a Citizen" has been extremely stupid and inconsistent.
Any enforcement power of Article 152.1.
(The publication of the photograph ... is allowed only with the consent of this citizen)
swung leveled by such a clumsy exception:
Such consent is not required in cases when:
1) the use of the image is carried out in state, public or other public interests;
It sounds especially touching “or other public interests” We have an audience whose interests are in no way consistent with the protection of privacy, dignity, and even the observance of constitutional human rights. Nidists, for example. they can form a public of any size in some place, and if it’s in their interests to suddenly show the whole world someone’s image in the bathhouse, then this citizen has no legal basis to seek protection in court. A nudist attorney can easily appeal to Article 152.1., They say, the images were used in the public interest.
By the way, not only in the internet, but mainly on television is the most massive exploitation of images of innocent citizens. Every day, on the main channels, we see dozens of people who are only suspected of committing a violation, they simply make a rating to the news. A drunk driver immediately gives a cool picture. So, he has the right to demand compensation for damage to his reputation, or purely monetary compensation for the use of his image in order to generate income. It is interesting that in Europe and the USA, laws work in such a way that even obvious maniacs and all kinds of prostitutes there flicker on the screen only as a blurry spot. I think in the future we will have many precedents when dissatisfied citizens will try to challenge the unauthorized use of their funny faces in order to increase the ratings of TV channels. With the brawlers Khabarov and Tretyakov it is clear that they will be judged and imprisoned. But some principal passenger, being acquitted by a court verdict, must file a lawsuit against those who filmed it in a compromising situation, and most importantly, against the legal. Persons - owners of the media. And claims should be in the amount proportional to the material gain.