Civil Liability for the Violation of the Right with Particular Reference to the European Court of Human Rights

Individuals have an exclusive right to their image about which they can make decisions. The Iranian legal system mainly uses criminal sanctions to ensure respect for the right to image. However, civil liability seems to be a more effective remedy for the injured party and the restoration of his/her situation to before the violation. The European Court of Human Rights also uses civil liability law to compensate damages caused by the violation of the right to image. In the present article, using the library research method, an attempt is made to study the elements of civil liability for the violation of the right to image and the appropriate compensation for such a violation in the Iranian legal system. Overall, it can be argued that considering the effect of the violation to the injured party and depending on whether and which financial or non-financial rights are harmed, both financial and non-financial methods can be used for compensation. As in the practice of the European Court of Human Rights, these two methods can be used in the Iranian legal system, depending on the circumstances of the case.