Draft Bill to Amend Provisions on the Publication of the Image of Persons

The bill adds to the scope of protection of Section 31 of Law No. 11,723 all images of a person, in addition to the photographic portrait already protected by this law. It also extends the methods of publication of the picture or image to any type of media and/or audiovisual communication and/or the internet.
 
The bill also grants authority to consent to the publication of the picture or image to the grandparents in case of absence or death of the parents or legal guardian. Moreover, if the person is a party in a lawsuit or a victim of a crime and even more if death was the result of a criminal act, the authorization of the judge hearing the case must be required, and to this end the opinion of the Public Ministry and relatives or legal guardian is binding.
 
Consistent with these provisions, the bill adds the same exception in the case of the free publication allowed by the last paragraph of Section 31.
 
Finally, the bill also amends Section No 22 of Law No. 26,061 on the Comprehensive Protection of the Rights of Children and Adolescents. In this case the bill extends the scope of protection to publications via the internet and adds the prohibition to disseminate the portrait or images of boys, girls and teenagers in trade, its publication in any journalistic media, audiovisual media and/or the Internet that shows them as victims of sexual abuse or rape, or dead, without any exception.