Si yon moun filme’w oubyen pran foto entim ou pibliye’l san konsantman’w, èske’w ka rele li la jistis?
Nan domèn dwa gen sa yo rele dwa a limaj. Lè yo di an fransè » droit à l’image » se dwa tout moun genyen pou gen kontwòl e jere imaj ou kèlkeswa nati sipò piblikasyon oubyen difizyon imaj la. Sa vle di ou gen pouvwa pou ou otorize oubyen entèdi piblikasyon imaj ou e pou moun swa filme’w, fè foto’w ak anrejistre’w.
Lejislatè yo pa’t janm rekonèt kesyon dwa a limaj vrèman , se pa yon sijè ki te enterese yo. gen yon gwo jiris fransè ki rele G. Loiseau ki menm di dwa imaj la se yon dwa zombi.
- Nou ka remake depi kèk jou an Ayiti anpil moun ap pran videyo entim moun pibliye san konsantman yo.
- Genyen anpil amoure , amourez ki konn pataje foto pati entim yo ak lòt sou rezo sosyo jis pou fè lòt plezi. Ou konn jwenn kote yonn nan moun sa yo pa mechanste gen dwa pibliye imaj sa yo
- Ou gen dwa tou kouche lakay ou ak mari’w, madanm ou , mennaj ou epi yon endividi pran foto nou pandan nou nan moman entim nou nan fenèt la e se rete nou rete nou wè n’ap fè buz sou rezo sosyo.
- Gen moun ki nan fè jalouzi konn ale sou paj mennaj yo yo jwenn foto entim yon lòt fi ou yon lòt gason yo pibliye’l sou rezo sosyo.
- Ou kapab tou nan plaj oubyen nan yon lye piblik yon endividi pran foto’w pou fè marketing san’w pa konnen .
- Lòt bagay ankò depi moun nan mouri endividi gentan pran imaj mò à yo pibliye’l SAN konsantman paran li.
Men kisa la lwa di menm sou tout bagay sa yo?
Malerezman an Ayiti , an Angletè , Brezil, e anpil lot peyi ankò pa gen tèks espesifikman ki pale sou dwa a imaj, men an Frans pa egzanp gen lwa sou sa. Atik 9 kòd sivil fransè a di chak moun gen dwa a respè vi prive yo. Nan menm kòd sa genyen 2 kondisyon pou yo konsidere atent vi prive, dabò fòk sa yo fè’w la koze’w yon domaj e fòk zak sa touche oubyen vyole vi prive’w ak entimite’w.
Daprè yon estatistik ki fèt pa twò lontan , òganizasyon Britanik ki rele « Privacy International » fè konnen Etazini se youn nan peyi kote vi prive moun plis pa respekte. Sa yo rele kapitalis deta a nan peyi sa fonksyone sou gwo siveyans sitwayen yo.
Nan peyi Dayiti pa gen lwa sou dwa a limaj espesifikman men li ka toujou posib pou pousuiv yon moun devan lajistis ki pran imaj ou difize’l san konsantman’w, fè foto’w nan espas prive e pibliye’l . Pousuit sa ou ka fè li sou baz vyolasyon vi prive’w. Atik 12 deklarasyon inivèsel dwa moun de 1948 di ke pèsonn pa gen dwa rantre nan vi prive’w, nan vi fanmi ou, ni pou atenn onè ou ak repitasyon’w. Menm Atik la di ke lalwa dwe’w pwoteksyon kont tout moun ak enstitisyon ki soti pou rantre nan vi prive’w e atenn entimite’w.
Konstitisyon peyi Dayiti nan preyanbil li rekonèt pwomosyon libète ak dwa ki fèt nan deklarasyon inivèsel dwa moun de 1948 la, donk respè vi prive moun an Ayiti se yon dwa konstitisyonèl.
Fòk mwen di nou nan Atik 423 nouvo kòd penal ki pibliye a, kòd k’ap fè aktyalite a yo prevwa si yon moun atenn vi prive yon lòt moun, oubyen pran imaj li pibliyel li san konsantman’l , moun ki fè sa ka pran prizon soti 6 mwa rive 1 nan e l’ap gen pou peye yon amand kap soti nan 10000 goud rive 25000 goud.
Se enpòtan pou prezève imaj moun e pwoteje popilasyon an kont vye zak piblikasyon foto, videyo entim moun, paske nan sosyete nou an sitou ak kesyon rezo sosyo yo, endividi malonèt detwi anpil moun san rezon.
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