Your right to your personal image in Switzerland: What you actually need to know.

As a photographer and proud member of SIYU the Swiss Professional Photographer association, I thought it might be helpful for people to know how and when your photo can be used, when you need to be asked about the use and when, by attending an event or other activity, your image can be used without being asked (as you probably already agreed to it in the T&C).

However, technically, pretty much everyone can be a photographer these days. Smartphones everywhere, social media constantly hungry for content, and suddenly your face is on someone's Instagram without you having a clue how it got there. Not ideal, right?

Switzerland has pretty solid legal protection for your image rights, but most people don't know what they are or when they apply. So let's sort that out. Please bear in mind that I am not a lawyer, but this information is based on my interpretation of best legal practices and my own photography contracts. 

What are image rights, actually?

Your right to your own image is protected under Article 28 of the Swiss Civil Code. Basically, you get to decide how your face is used, published, and shared. Photo, video, drawing, whatever - if it's recognisably you, you have legal control over it.

Simple as that.

The basic rule: Ask first

Swiss law works on a straightforward principle: get consent before publishing someone's image. This isn't just being polite; it's the law. Does someone want to share your photo publicly? They need your permission first.

When You Need Consent

You need to ask permission before you:

• Share publicly: Posting on social media, websites, anywhere the public can see it
• Use commercially: Advertising, marketing materials, anything that makes money
• Show identifiable people: When someone's face is clearly recognisable
• Publish from private settings: Photos from private events, homes, or non-public spaces

Pretty much any time you can clearly identify someone in a photo that's going online or being shared widely.

The Exceptions (Yes, there are some)

Requiring consent for every single photo would be mental. Swiss law recognises this, so there are exceptions:

Crowds and Public Events

If you're part of a crowd at a public event, consent generally isn't needed - as long as you're not the main subject. Photo of a street festival with dozens of people? Usually fine. Zooming in on specific faces in that crowd? Different story, and you'd need permission.

Public Figures and News

Journalists get more leeway when photographing public figures or covering newsworthy events. Politicians at public appearances, celebrities at public events, people involved in matters of public interest - they can be photographed without explicit consent, but only in the context of their public role.

Background Appearances

If someone's accidentally in the background of your landmark photo and they're not the focus, that's generally okay. You're photographing the Matterhorn, and tourists happen to be there? That's fine.

Events: Private vs Public

Private Events (Weddings, Parties, Corporate Functions)

For private events, the rules are stricter. Even though guests might expect photos, it's best to get consent, especially before posting anything online. Many event organisers now include photo consent in invitations or registration forms.

If you're a professional photographer at weddings or corporate events, you should have clear agreements with clients about image usage rights, and guests should know photography is happening. If you hire me, you'll find I have clear, concise contracts where all of this is spelt out in plain language. 

Public Events

Street festivals, concerts, and sporting events in public spaces: generally, photography is fine without individual consent, particularly for crowd shots. But focusing on specific individuals or using images commercially still needs permission.

Children: Extra Protection

Swiss law is particularly strict about children. Photographing and publishing images of minors requires consent from their legal guardians. This is even tighter in schools and childcare facilities, where many places have explicit photo policies.

Parents, be careful about:

• Sharing photos of your children's friends on social media
• Publishing images that show children at specific locations
• Posting photos that might embarrass a child or harm their dignity

Basically, if it's not your kid, ask their parents first. And remember, once an image is on the internet, completely removing it is often a lengthy and challenging process. 

Social Media: Where It Gets Messy

Social media has created a proper minefield for image rights. Most people don't realise that tagging someone or posting group photos without permission can actually violate Swiss law.

How to Not Get Yourself in Trouble

• Ask before posting: Get permission from everyone you can identify in your photos. 
• Use privacy settings: Limit who can see photos with other people in them
• Respect removal requests: If someone asks you to take down their image, respect their request. Do it promptly!
• Think before tagging: Even if you can post the photo, ask before tagging people.

It takes two seconds to send a message. Just do it.

What If Someone Publishes Your Photo Without Permission?

If someone shares your image without consent, you've got options:

First Steps

• Ask them to remove it: Contact the person or platform directly
• Document it: Take screenshots, gather evidence
• Send a formal request: A cease and desist letter if the friendly approach doesn't work

Legal Options

Under Swiss law, you can:

• Demand removal of the image (injunctive relief)
• Seek compensation for damages if you've been harmed
• Request the confiscation or destruction of materials containing your image
• In serious cases, pursue criminal charges for violation of privacy

For Photographers: Keep It Simple

Whether you're a pro or just enjoy taking pictures, here's what you need to know:

• Get written consent: For any commercial use, get signed model releases 
• Be transparent: Tell people how and where images will be used
• Respect "no photography" requests: If someone doesn't want to be photographed, don't photograph them
• Know your location: Rules differ in private venues, government buildings, or sensitive areas
• When in doubt, ask: Better to ask permission than deal with legal hassle later

Professional tip: I always let people know what I'm doing and where photos might end up. It's not just legally smart, it makes people more comfortable, and you get better photos anyway.

For Event Organisers

Hosting an event with photographers? Here's what to do:

• Tell people in advance: Let attendees know photography will be happening 
• Offer opt-outs: Let people who don't want to be photographed identify themselves (maybe with a different coloured lanyard or wristband)
• Use signage: Put up visible signs that photography is occurring
• Create no-photo zones: Have certain areas designated as photography-free
• Be clear about usage: Tell people how images will be used (social media, marketing, etc.)

Clear communication prevents problems.

The Bottom Line

Switzerland's image rights laws exist to protect personal dignity and privacy in an age where your photo can be on the other side of the world in seconds. The core principle is dead simple: respect people's right to control their own image.

When you're not sure:

• Ask for permission before photographing individuals
• Be transparent about how images will be used
• Respect requests for removal or non-publication
• Consider context: private settings need more caution than public spaces

Understanding and respecting image rights isn't just about avoiding legal trouble. It's about maintaining trust, respecting individuals' privacy, and recognising that everyone deserves control over how they're represented.

And honestly? It's just being a decent human!

Disclaimer: This article provides general information about Swiss image rights law and shouldn't be considered legal advice. For specific situations, consult a qualified Swiss attorney specialising in media or privacy law.