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MPUTHIA: Seek consent to use photographs

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Seek consent to use photographs

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How well you use others’ images depends on seeking permission. FILE PHOTO | NMG 

Last week Justice Gitari made a landmark ruling in the case of Anne Njoki Kumena versus the Kenya Tea Development Agency (KTDA) that is set to provide guiding jurisprudence on the image rights in Kenya.

It is the right of every person to protect their “image” against unauthorised commercial use or exploitation.

Kenya does not have a definitive law on personality and image rights. Few countries do. It is, however, notable that the European human rights laws (Article 8 of European Human Rights Convention), recognises a right known as the right to privacy and family life.

One jurisdiction that has a definitive image rights law is the Bailiwick of Guernsey, a small island that makes part of the English Channel in Europe.

Legislating or not legislating image rights has been largely divisive. Some argue that image rights ought to be legislated to protect public personalities from unlawful exploitation for commercial gain. This school of thought argues that public personalities such as celebrities have spent a lot of resources developing their brand and ought to protect the same from misuse.

Others argue that an image rights law is unfair because no investment or creativity is required for the very image.

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While Kenya doesn’t have a law, the precedent-setting case establishes this right.

The fact that the decision is a court decision means it is a binding law unless it is overturned on appeal.

In Kenya, sources of law include legislation, principles of common law and case law such as the decision in Anne Njoki versus KTDA.

The facts of the case were that the defendant unlawfully photographed and used the plaintiff’s image in brochures.

The defendant argued that the plaintiff had no rights to the photo and that she had willingly posed for it.

The court relied on past decisions to establish the principle that where a person, without consent, uses another’s image for commercial benefit the right will apply.

The plaintiff’s constitutional right to privacy had been infringed and she was awarded general damages of Sh1.5 million.

Here are a few tips for people in the creative and marketing industries based on this ruling.

When taking photos or films for commerce, secure consent of subjects. A written consent explaining to the subjects the intended use of their images and any compensation is better.

Avoid using internet downloads in advertising events, websites, flyers, products…. Instead source your images from modelling agencies where models have ceded their rights.

Public figures can enforce image rights to protect their brand and reputation, given this ruling. You can sue a person who has opened a fake social media account in your name. Uphold people’s image rights for authenticity and to boost your image as a business that upholds ethics.

Unauthorised use hurts business.

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World Bank pushes G-20 to extend debt relief to 2021

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World Bank Group President David Malpass has urged the Group of 20 rich countries to extend the time frame of the Debt Service Suspension Initiative(DSSI) through the end of 2021, calling it one of the key factors in strengthening global recovery.

“I urge you to extend the time frame of the DSSI through the end of 2021 and commit to giving the initiative as broad a scope as possible,” said Malpass.

He made these remarks at last week’s virtual G20 Finance Ministers and Central Bank Governors Meeting.

The World Bank Chief said the COVID-19 pandemic has triggered the deepest global recession in decades and what may turn out to be one of the most unequal in terms of impact.

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People in developing countries are particularly hard hit by capital outflows, declines in remittances, the collapse of informal labor markets, and social safety nets that are much less robust than in the advanced economies.

For the poorest countries, poverty is rising rapidly, median incomes are falling and growth is deeply negative.

Debt burdens, already unsustainable for many countries, are rising to crisis levels.

“The situation in developing countries is increasingly desperate. Time is short. We need to take action quickly on debt suspension, debt reduction, debt resolution mechanisms and debt transparency,” said Malpass.

ALSO READ:Global Economy Plunges into Worst Recession – World Bank

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Kenya’s Central Bank Drafts New Laws to Regulate Non-Bank Digital Loans

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The Central Bank of Kenya (CBK) will regulate interest rates charged on mobile loans by digital lending platforms if amendments on the Central bank of Kenya Act pass to law. The amendments will require digital lenders to seek approval from CBK before launching new products or changing interest rates on loans among other charges, just like commercial banks.

“The principal objective of this bill is to amend the Central bank of Kenya Act to regulate the conduct of providers of digital financial products and services,” reads a notice on the bill. “CBK will have an obligation of ensuring that there is fair and non-discriminatory marketplace access to credit.”

According to Business Daily, the legislation will also enable the Central Bank to monitor non-performing loans, capping the limit at not twice the amount of the defaulted loan while protecting consumers from predatory lending by digital loan platforms.

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Tighter Reins on Platforms for Mobile Loans

The legislation will boost efforts to protect customers, building upon a previous gazette notice that blocked lenders from blacklisting non-performing loans below Ksh 1000. The CBK also withdrew submissions of unregulated mobile loan platforms into Credit Reference Bureau. The withdrawal came after complaints of misuse over data in the Credit Information Sharing (CIS) System available for lenders.

Last year, Kenya had over 49 platforms providing mobile loans, taking advantage of regulation gaps to charge obscene rates as high as 150% a year. While most platforms allow borrowers to prepay within a month, creditors still pay the full amount plus interest.

Amendments in the CBK Act will help shield consumers from high-interest rates as well as offer transparency on terms of digital loans.

SEE ALSO: Central Bank Unveils Measures to Tame Unregulated Digital Lenders

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Scope Markets Kenya customers to have instant access to global financial markets

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NAIROBI, Kenya, Jul 20 – Clients trading through the Scope Markets Kenya trading platform will get instant access to global financial markets and wider investment options. 

This follows the launch of a new Scope Markets app, available on both the Google PlayStore and IOS Apple Store.

The Scope Markets app offers clients over 500 investment opportunities across global financial markets.

The Scope Markets app has a brand new user interface that is very user friendly, following feedback from customers.

The application offers real-time quotes; newsfeeds; research facilities, and a chat feature which enables a customer to make direct contact with the Customer Service Team during trading days (Monday to Friday).

The platform also offers an enhanced client interface including catering for those who trade at night.

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The client will get instant access to several asset classes in the global financial markets including; Single Stocks CFDs (US, UK, EU) such as Facebook, Amazon, Apple, Netflix and Google, BP, Carrefour;  Indices (Nasdaq, FTSE UK), Metals (Gold, Silver); Currencies (60+ Pairs), Commodities (Oil, Natural Gas).

The launch is part of Scope Markets Kenya strategy of enriching the customer experience while offering clients access to global trading opportunities.

Scope Markets Kenya CEO, Kevin Ng’ang’a observed, “the Sope Markets app is very easy to use especially when executing trades. Customers are at the heart of everything we do. We designed the Scope Markets app with the customer experience in mind as we seek to respond to feedback from our customers.”

He added that enhancing the client experience builds upon the robust trading platform, Meta Trader 5, unveiled in 2019, enabling Scope Markets Kenya to broaden the asset classes available on the trading platform.

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