Kenyan Netflix Actor Wins Ksh1.4m For Unauthorized Use Of His Advert Photos

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The Office of the Data Protection Commissioner (ODPC) has awarded actor Paul Ogola Kes.1.4 million in compensation for the unauthorized use of his image in advertising campaigns.

The ‘Sense 8′ actor lodged a complaint against Shalina Healthcare Kenya Limited after the pharmaceutical company continued using his images following the expiration of their contract.

The ODPC established that Shalina used Ogola’s images for their billboards, posters, moving pictures, websites, and printed calendars without his knowledge or consent.

The contract between Ogola and the company allowed them to use his image for an online campaign advertising their Pharmasal product for only six months, from February 12, 2022, until August 12, 2022.

Data Commissioner Ruling

In the ruling issued by the Data Commissioner Immaculate Kassait, it was found that Shalina Healthcare had violated the terms of the original contract and infringed upon Ogola’s data protection rights.

The ‘Nairobi Half Life’ star was awarded compensation of Kes.500,000 for images displayed on billboards (outdoor advertising), Kes.500,000 for images featured on calendars, websites, and social media pages.

Ogola secured a further Kes.200,000 for infringement of the right to be informed under Section 26(a) of the Data Protection Act.

The total compensation ordered to be paid to Ogola by Shalina Healthcare Kenya Limited amounts to Kes1,450,000.

Both parties have the option to appeal the decision to the High Court of Kenya within 30 days.



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