Justice Ministry proposes ban on filming people without consent

The Ministry of Justice has announced a legislative initiative aimed at strengthening the protection of individuals’ image rights by introducing amendments to various laws.

According to the ministry, the right to personal privacy is currently being restricted due to the lack of enforcement mechanisms in image-related regulations. The proposed amendments to the Civil, Labor, and Administrative Liability Codes seek to guarantee individuals' and children’s image rights, enhance government transparency, reinforce freedom of speech and the press, and improve the protection of employees’ image rights in labor relations.

The ministry noted in the project passport that the initiative is based on an instruction from the president or government, although no specific document references are provided.

Key provisions of the draft law

The draft proposes adding Article 100-1 to Uzbekistan’s Civil Code, which would regulate the protection of image rights.

Article 100-1: Protection of image rights

Individuals may only be photographed, filmed, or otherwise depicted (including in visual art or any other format that allows identification) with their explicit consent.

• If a person is legally incapacitated, consent must be provided by their legal representative.
• If a person is deceased, their heirs may give consent, unless the deceased had previously refused.
• For minors under 16, consent must be obtained from their parents or guardians.

The use of an image includes its disclosure, display, distribution, storage, processing, and publication.

Cases where consent is not required

Consent is not required in the following situations:

1. Use in the interest of society and the state, including:
2. When law enforcement issues a search warrant for the individual.
3. When government agencies and institutions use images to carry out their official duties.
4. When reporting illegal actions or events posing a threat to public safety, provided the dignity of the individuals involved is not violated.
5. When public officials and government representatives are photographed or filmed while performing their duties.
6. When capturing general scenes at public places, rallies, meetings, demonstrations, or private events such as weddings, family gatherings, jubilees, and funerals.
7. If an individual has made their image publicly available or it was taken from a public source, except in cases where the image is used for commercial purposes.
8. When the image was created in exchange for payment, as long as it is used for the intended purpose.
9. For security purposes, when images are captured using public surveillance systems.

Additionally, public surveillance cameras must be clearly marked with visible warning signs.

Surveillance is prohibited in places where individuals are expected to be partially or fully undressed.

If an image is used for a purpose other than the one consented to or in a way that damages a person’s dignity, the individual has the right to withdraw their consent.

Violations of these rules allow the affected person to demand that the image be removed, its use be stopped, and any moral or material damages be compensated.

The provisions of this article do not apply to intelligence, counterintelligence, or other law enforcement activities.

Amendments to other laws

• The Labor Code (Article 175) will be updated to explicitly include image rights, stating that employees’ photographs, video recordings, or identifiable features cannot be used without consent.
• The Administrative Liability Code (Article 46-1) will be amended to increase fines for recording individuals without their knowledge using covert technology. The penalty will range from 10 to 40 times the base calculation amount, and the recording equipment may be confiscated.

Public discussion and approval process

The draft law was published for public discussion on March 13, allowing Uzbek citizens to submit feedback via an online portal.

Once the public discussion is complete, the draft will be revised by the government and the presidential administration. If approved, it will be submitted to the Oliy Majlis (parliament), where both chambers must pass it before the president signs it into law.

The law will take effect three months after its official publication.