Express consent

Definition

Express consent refers to a clear, direct agreement given by an individual, indicating their permission for something to happen. This concept is particularly significant in contexts involving personal privacy and rights, where individuals must explicitly agree to the collection or use of their personal information or image, especially in relation to public figures and celebrities. Understanding express consent is crucial for determining the legality of actions taken by journalists and paparazzi when capturing and disseminating images or information about celebrities.

5 Must Know Facts For Your Next Test

1. Express consent must be clearly articulated, either verbally or in writing, to be considered valid.
2. Celebrities often encounter issues with express consent when photographers capture images without prior agreement, raising legal challenges.
3. In many jurisdictions, lack of express consent can lead to legal repercussions for journalists and media outlets when publishing materials involving individuals.
4. Express consent is not only important for legal protection but also for ethical journalism practices that respect individuals' privacy rights.
5. There are specific laws and regulations in place that govern how express consent must be obtained in various contexts, particularly regarding minors and sensitive information.

Review Questions

• How does express consent differentiate from implied consent in the context of celebrity privacy?
  • Express consent involves a clear and direct agreement from an individual, while implied consent may be inferred from a person's behavior or circumstances. In celebrity privacy cases, express consent is crucial because it protects the rights of public figures against unauthorized use of their image or personal information. This distinction is significant as paparazzi often rely on implied consent arguments, which may not hold up legally if express consent was not obtained.
• Discuss the role of express consent in the legal frameworks governing media coverage of celebrities.
  • Express consent plays a vital role in legal frameworks that protect celebrities' rights regarding their image and personal information. Without express consent, media outlets may face lawsuits for invasion of privacy or misappropriation of likeness. Laws such as the right of publicity further reinforce the need for express consent, as they allow individuals to control how their identity is used commercially. Consequently, journalists must be diligent in obtaining clear permission to avoid legal consequences.
• Evaluate how changing societal attitudes toward privacy influence the importance of express consent in journalism related to celebrities.
  • Changing societal attitudes toward privacy have increasingly emphasized the need for express consent in journalism. As public awareness grows about personal rights and the implications of media exposure, individuals expect more transparency and respect regarding how their images and personal stories are used. This shift has prompted journalists and paparazzi to adopt stricter practices in obtaining express consent, reflecting a broader cultural recognition that celebrities also deserve control over their own narratives and privacy.

Related terms

Implied Consent:

Implied consent is the permission inferred from a person's actions or the circumstances, rather than being explicitly stated.

Informed Consent:

Informed consent is a legal and ethical term that describes the process of obtaining permission from an individual based on a comprehensive understanding of what they are agreeing to.

Right of Publicity:

The right of publicity is an individual's right to control the commercial use of their name, image, and likeness.