Derecho a la imagen de las personas : su alcance y limitaciones.

Abstract

The right to the image of people is a right of personality, derived from human dignity, that will allow us to identify ourselves as unique people. We will analyze how this right contains a double dimension; both positive (own use) and negative (exclusion from others), its dual nature; personal, and patrimonial. In addition, we will review how the image holder is the only one who has the power to grant when, by whom and in what way, your image will be captured, reproduced, or disclosed. The problem begins when third parties want to take advantage of the image of others without the consent of their owner, this thanks to the massive dissemination of photographs or videos of people thanks to new information and communication technologies and mainly because in Ecuador, there is a legal vacuum, in terms of the right to image and voice of people, even though our Constitution expressly recognizes these rights and tells us that it will be the law that protects them. Other than that, its autonomy has been denied, thus subsuming it to rights such as honor, good name and intimacy. Following this line, and recalling that no right is unlimited, we will analyze the justified intrusions to be determined by virtue of freedom of information and freedom of expression, that is, to consider its exceptions and limitations to achieve comprehensive protection of the right to image and voice (analogously) in Ecuador.