My photo or video was posted on social media without consent: what to do under Georgian law

What to do

1. Right to one's image: an image (photo, video) published without consent gives the right to demand that publication stop and to seek protection in court (CivC Art. 18). ALWAYS state the exceptions, because the author will rely on them: consent is not required for public figures, persons holding office, requirements of justice or the police (CivC Art. 18), or when filmed in a public setting or in paid posing (CivC Art. 18). A café or street is the main risk; a close-up made to ridicule is contested in favour of the person filmed.
2. Who publishes: a company or a monetised blogger. Under the data protection law, the publisher must prove the legal basis for the processing (publication) (Law on Personal Data Protection, Art. 5); a shop's clip: camera recordings are protected against unlawful use (Law on Personal Data Protection, Art. 10). A private individual: the Personal Data Protection Law does not apply to a natural person acting for purely personal purposes not related to business or profession (Law on Personal Data Protection, Art. 2), so the route is civil; the media have a special regime.
3. Demand to the author (and complaint to the platform): remove the content on demand, or refuse with reasons, no later than 10 business days (Law on Personal Data Protection, Art. 16); for published content, demand restriction of access and removal of copies and links (Law on Personal Data Protection, Art. 16). Objection: a refusal is permissible if the publication is necessary for freedom of expression (Law on Personal Data Protection, Art. 16).
4. Refusal → complaint: a complaint to the State Audit Office or to a court (Law on Personal Data Protection, Art. 22); do not delay, since a fine may be imposed no later than 4 months from the violation (from detection for continuing violations) (Law on Personal Data Protection, Art. 65); processing without a legal basis: a warning or a fine of GEL 1,000 (turnover up to GEL 500,000) (Law on Personal Data Protection, Art. 67). In court: protection (removal, cessation) is available regardless of the violator's fault (CivC Art. 18); where there is fault, harm is compensated, including in the amount of the violator's profit, and moral damage is recoverable (CivC Art. 18).
5. A caption calling you a “thief” is already defamation: a statement that damages reputation and contains an essentially false fact (Law of Georgia on Freedom of Speech and Expression, Art. 1). Raise it together with the other claims. Intimate images and blackmail are a criminal case.
6. Where to apply: the author and the platform → State Audit Office → district (city) court.
7. Evidence: screenshots and screen recording with the URL and date; an archive of the page; evidence of monetisation.
8. Traps: thinking there is no violation without a lie: the image is protected in itself; complaining to the Audit Service about a private individual posting for personal purposes: the route is the court.

Be sure to check

• the right to one's image and ALL its exceptions (public figure, office, public setting, paid posing)
• demand to remove the publication and links: a reply within 10 business days
• complaint to the State Audit Office about a company or blogger; for a private individual posting for personal purposes, the Personal Data Protection Law may not apply
• claim to protect one's image: removal without fault; where there is fault, compensation and moral damage
• accusations in the caption are raised separately as defamation