19 June 2017

Kenya: Woman Sues Advertising Agency and KQ for Alleged 'Endless' Use of Her Photo

Photo: Kenyan airways
Kenyan Airways.

A woman has moved to court to protest against the continued usage of her photos to advertise an airline following the termination of her contract six years ago.

Ms Purity Njogu has sued advertising agency Scan Group Limited and Kenya Airways.

In case documents, Ms Njogu argues that she did not surrender her constitutional right to privacy in perpetuity because it is offensive to her dignity and self-worth.

She further argues that her right to privacy had been infringed without any sound justification hence require to be compensated.

"My images and pictures have repeatedly been used and continue being used against my wish for their economic gain in violation of my right to privacy as per the law," said Ms Njogu.

ADVERTISING AGREEMENT

The disputes stems from an advertising agreement with the agency in early 2007 in which she was supposed to serve as KQ's role model in a promotion campaign, locally as well as internationally.

Her two year old contract was renewed in 2009 since her image was still being used to advertise KQ at the expiry of the contract, she requested for a further renewal.

But the agency declined her request saying that she did not sign a contract of perpetuity and insisted that her image was no longer in use.

When she wrote to the agency to inquire on the renewal of her contract, she was told that the agreement reached was the one that allowed her images to be used indefinitely.

According to the agency, they were not obligated to pay her any renewal fees and that her advert was used only for two years.

They later told her that all adverts involving her had been pulled down and claimed that they had alerted KQ to refrain from using them.

BREACH OF PRIVACY

As at February 2012, she alleges that her images were still being used even within KQ's cafeteria at its headquarters, on computer screens savers, email signatures up to 2015 without her consent.

She further alleges that her friends and family have continued to alert her whenever they see the adverts even on social media platforms.

She claims that the action is a breach to her privacy and that she was not paid during that further extended period. She also claims that when she contacted the agency again in 2016 with that complain, they instead asked her to send them proof.

KQ on its part denied contracting her and declined to provide a model release form which she had requested to be furnished with.

While in the case documents the total amount of monies she seeks in compensation is Sh 328,408, in one of the demand letters she sought five million shillings.

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