An (Arab) woman accused the owner of an (Arab) photography studio of exploiting her image in promotional advertisements for his benefit, and displaying it on social media and on the storefront without her knowledge or consent. Sharjah Criminal Court to cancel the ruling and the expiry of the case by the lapse of time.
In detail, a woman filed a lawsuit in the Sharjah Misdemeanour Court accusing the owner of a photography studio of preparing, disclosing and keeping electronic photos of her in an electronic information system (Facebook and Instagram), and publishing those photos in the electronic information system, based on the police record.
She explained that she went to the studio in 2017 to take personal photos and pictures to display the abayas for a store, and later discovered through co-workers and friends that her image had been used, and displayed on social networking sites (Facebook, Instagram), and on the storefront, noting that her personal image had been infringed. and used without its knowledge and consent.
The Sharjah Misdemeanour Court fined the accused 20,000 dirhams, but the defendant appealed the verdict.
The appellant’s lawyer, Ibrahim Al-Hosani, argued that the right to complain had been forfeited because more than five years had passed since the complainant’s knowledge, and the crime had disappeared with its material and moral pillars, namely, “attack on privacy” and “criminal intent”, based on the text of the law and previous rulings of the Supreme Courts, as well as Shortcomings in causation, corruption in inference and violation of the established papers.
In the text of the ruling, the Sharjah Criminal Court of Appeal confirmed that the evidence from the papers is that the incident occurred on June 24, 2017, and the complainant informed the police on June 12, 2022, i.e. five years have passed.
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