Lexicon > Right of the personality

IP Lexicon

Right of personality

Fundamental and inalienable rights inherent to the human person, personality rights are defined in principle as the rights that ensure the protection of the attributes of the personality (privacy, right to one’s image, voice) and guarantee one’s moral integrity.

Legal persons also have a legal personality (constituted by the public’s conception of their organization) which is protected in particular by the right to privacy and the corporate name.

The rights of the personality include the right to the respect of the dignity of the person which guarantees his physical integrity (principle of free disposal of the human body, prohibition of inhuman and degrading treatments, etc.).

Protected in particular by article 12 of the 1948 Universal Declaration of Human Rights, article 8-1 of the European Convention on Human Rights, and articles 9 and 16 of the Civil Code, the right of every individual to respect for his or her private life must be permanently reconciled with other freedoms such as the right to freedom of expression, freedom of the media and the right to privacy. right to information.

Sanctions for violations of personal rights are provided for in both the Civil Code and the Criminal Code.

In France and internationally, the rights of the personality are particularly undermined by new technologies (e.g. video surveillance, geolocation) and the ease of publication on the Internet.

Requiring a high degree of reactivity, the law provides for specific actions against violations of personality rights.

The legal arsenal available to individuals is quite vast, and it is possible to act in summary proceedings when the circumstances justify it.

Given the diversity of personality rights violations, it is recommended to be accompanied by a specialized lawyer to defend your rights (characterization of the prejudice, choice of the most appropriate action according to the case, analysis of the jurisprudence in the matter).

Putting together such a file is indeed a tedious task that requires an in-depth legal analysis of the texts and case law applicable in French law.

The Bouchara firm assists you in particular in :

  • Drafting and negotiation of contracts such as contracts for the exploitation of personality rights (voice, image, name…) or agency contracts (artistic agency, model and sports agency);
  • Representation in court proceedings (Tribunal, Court) aiming to stop all types of infringements (privacy, image rights), in particular through emergency proceedings in summary proceedings, on all media (Internet: social networks and blogs; written press, audiovisual…).