Faustina Djagbele Abbey, an onion seller at the bustling Makola Market in Accra, has taken a bold step that has attracted national debate on the issue of image rights and privacy by suing Telecel Ghana to the tune of GH2 million.
Her claim? The telecommunications giant had used her picture in a large-scale marketing campaign without her consent.
It was just another day at work when Faustina, one of the thousands of market women in the capital, was just going about her business when she was confronted by one of the largest telecom companies in Ghana.
Court documents and a statement issued by her legal team indicate that Telecel had used the image of Faustina to advertise their Telecel Red Save product on billboards, social media, and traditional media without her knowledge or consent.
The Picture that Triggered the Lawsuit
Faustina realized that her image was being used without her permission when her frequent customers began to mention it. Most of them claimed to have spotted her on billboards and internet adverts of the new savings product of Telecel.
Faustina allegedly said, I was shocked. I did not authorize anyone to take my picture, leave alone using it to promote something.
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She did not even know that her image was taken in the first place, and claimed that she did not receive any communication with the company or its representatives before the start of the campaign.
Emotional and Social Fallout
Besides being a violation of privacy, Faustina claims that the unauthorized use of her image has led to emotional distress and social problems. She says that since the advertisement started circulating, her friends and family members in her community have been assuming that she must have gotten a huge financial windfall.
People believe that Telecel has paid me a lot of money, so they expect me to start spending, she said. It has put a strain on my relationships. Others even shun me now, claiming I have changed.”
The adverse presumptions have been said to have affected her psychologically. Her attorney, Bernard Owiredu Donkor of Thompson Law Consult, said the psychological pressure and social misconceptions are unfair results of an act that Faustina never consented to.
Legal Basis: Article 18 of the Constitution of Ghana
The case of Faustina is based on Article 18 of the 1992 Constitution of Ghana that guarantees the right to privacy of every citizen. The article is clear that no individual is to be interfered with his or her privacy, including the privacy of property, communication, and image, except in the interest of the safety or order of the population and in accordance with the law.
Her legal team claims that the actions of Telecel are a direct infringement of these constitutional rights.
They are in search of:
GH2 million as compensation to the emotional and reputational damage done
Telecel should publicly apologize
Immediate recall of all advertisements that use her image, such as billboards, television, radio, newspapers, and social media
Telecel Yet to Comment
At the time of writing, Telecel Ghana has not made any official statement regarding the lawsuit. The company with a market share of 17.2 percent in the telecom sector in Ghana has not yet explained whether the image was obtained directly by their in-house team or by a third party agency.
According to industry experts, the case may have wider implications on marketing practices in Ghana, particularly on the use of imagery in the public space.
A Bigger Conversation: Image Rights in Ghana
Although the story of Faustina is personal, it creates a national debate on the use of images of ordinary people in advertisements. Images taken in the street are frequently used in advertising without permission, and in most instances, the assumption is that the street is not a place that needs permission.
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Nevertheless, legal experts indicate that consent is still required in case the image is to be used commercially. The fact that the image was utilized to sell a product and make money makes the matter more grave than a mere photo op.
One Accra-based legal analyst said, this is not about fame or vanity. This is a matter of fairness. When a person makes money out of your face, he or she should at least seek your consent- and pay you.”
Public Support
The story of Faustina has become popular on social media and many Ghanaians have come out to support her. The hashtags such as #JusticeForFaustina and #RespectOurImageRights are gaining popularity, and people can identify with the concept of regular people being used by big companies.
One Twitter user wrote, “She is courageous. Auntie Faustina is speaking on behalf of all of us who have been exploited without our knowledge. That is enough!”
Market traders at Makola and other regional markets have also come out in support. Some people believe that this may be the wake-up call to make sure that people in the informal sector in Ghana are treated fairly.
So What?
The case has been left to the courts. Should it succeed, it would establish a legal precedent in Ghana, which would enable more individuals to assert their rights when their images or likenesses are used commercially without their permission.
At present, Faustina is holding her own. She still sells onions at her stall in Makola Market, with silent strength and hope that the justice system will acknowledge the injustice that has been meted on her.
She said, “I only want fairness. My face belongs to me. They were not supposed to use it without permission.”