Belgian Lawmaker Wins Court Order Against Website Over Unauthorized Nude Photo

This case began when ’t Scheldt published a satirical article on El Kaouakibi, including a photograph of two naked women on a terrace. The article implied that these women were the deputy and her partner. The photo, although modified to mask the intimate parts, was presented to readers in its uncensored version through a clickable link in the article.

Calling on her lawyer, El Kaouakibi quickly sought to have the photograph removed, claiming it had been taken on her private terrace. The fact that ’t Scheldt mentioned in the article that the photograph had been taken with a drone led the court to conclude that there was "undoubtedly a violation of privacy and non-consensual dissemination of photographs," an offense punishable under the Belgian Penal Code.

The court therefore condemned ’t Scheldt to a ban on publishing the photo - under penalty of a fine of 25,000 euros per day - while allowing the article to remain online. Despite this decision, the ’t Scheldt editorial team can challenge it by launching a procedure. In the meantime, they have removed the controversial photo from their website.