1. The Client's Situation
The client, which organized a domestic promotional event for an overseas government agency, wished to post snapshots of minor visitors taken during the event on its own social media for promotional purposes, but faced legal issues related to infringement of the right to one's likeness (portrait rights) and the consent requirements of legal guardians, and therefore requested legal advice.
2. Your Legal Team's Advice
After comprehensively reviewing the legal standards for determining infringement of portrait rights and the relevant precedents, Your Legal Team made clear that, for posting activities with a strong commercial purpose, the explicit consent of the legal guardian is required, and that mere entry in an event is difficult to regard as sufficient consent. Accordingly, the team proposed alternatives using de-identification measures (such as blurring and mosaicking), and the establishment of a written or recorded consent procedure when conducting similar events in the future.
3. Result
As a result, the client adjusted its social-media posting plan in line with the advice and discontinued posting photos for which subsequent consent had not been secured, and it revised its internal guidelines in the direction of strengthening consent procedures at future related events. Through this, the client blocked legal risks in advance and established a foundation for continuing highly trustworthy external promotional activities.