This case revolves around the unauthorized use of Faustina Djagbele Abbey’s image by Telecel Ghana for promotional purposes. Abbey, a well-known onion seller in the bustling Makola Market area of Accra, Ghana, has filed a lawsuit against the telecommunications company, seeking GH¢2 million in damages for the alleged infringement of her image rights. The core of the lawsuit rests on Telecel’s use of Abbey’s likeness in advertisements for their “Telecel Red Save” product, disseminated across various media platforms, most notably social media. Abbey contends that she was neither informed of nor consented to this use, and thus, Telecel’s actions constitute a violation of her privacy, dignity, and personal freedoms. The suit, filed in the High Court of Ghana, marks a significant legal challenge against a major corporation by an individual seeking to protect their image rights in the digital age.
The legal arguments presented by Abbey’s counsel, Bernard Owiredu Donkor of Thompson Law Consult, emphasize the unauthorized appropriation of her image. They argue that Telecel’s actions, by featuring Abbey in their promotional materials without her consent, amount to a blatant disregard for her right to control the use of her own likeness. This unauthorized use, they argue, not only infringes upon her privacy but also subjects her to unwanted public attention and scrutiny. The writ, filed on May 23, 2025, highlights the scale of the alleged infringement, noting that the promotional content featuring Abbey’s image reached a vast audience, potentially numbering in the millions, across various online platforms. The lawsuit underscores the increasing importance of image rights in the context of widespread digital dissemination and the potential for misuse of personal images in the online environment.
Beyond the immediate infringement of her image rights, Abbey claims that Telecel’s actions have resulted in significant emotional distress. She alleges that the unauthorized use of her image has caused her undue mental anguish and anxiety. This distress, her legal team argues, is a direct consequence of Telecel’s disregard for her right to privacy and control over her own image. The claim for emotional distress highlights the broader implications of image rights violations, extending beyond the mere unauthorized use of a likeness to encompass the psychological impact such actions can have on individuals. The lawsuit, therefore, seeks not only to address the violation of Abbey’s image rights but also to acknowledge and compensate for the emotional harm she alleges to have suffered.
The lawsuit also focuses on the potential damage to Abbey’s personal and professional reputation. Her legal team argues that the unauthorized association of her image with Telecel’s product could have negative repercussions on her standing within her community and her professional life. This argument highlights the potential for image rights violations to impact an individual’s livelihood and social standing, particularly in cases where the association with a particular product or brand might be perceived negatively. The claim for damages to personal and professional image underscores the multifaceted nature of image rights and the need to protect individuals from unauthorized commercial exploitation of their likeness.
The GH¢2 million sought by Abbey represents compensation for the various harms she alleges to have suffered. This substantial sum reflects the seriousness with which she views the alleged infringement of her rights, encompassing not only the unauthorized use of her image but also the emotional distress and potential damage to her reputation. The amount sought also underscores the growing recognition of the value of image rights in the digital age, where individuals’ likenesses can be easily disseminated and exploited for commercial gain. The lawsuit signals a growing awareness of the need to protect individuals from such exploitation and to ensure that they are adequately compensated for any unauthorized use of their image.
This case holds significant implications for the legal landscape surrounding image rights in Ghana and beyond. It highlights the increasing importance of individual control over one’s image in the digital sphere, where images can be readily captured, shared, and potentially misused. The case also serves as a powerful example of an individual challenging a large corporation over the unauthorized use of their likeness, potentially setting a precedent for future cases involving image rights violations. The outcome of this legal battle will likely have far-reaching consequences, shaping how individuals’ image rights are protected and enforced in the context of an increasingly digital world. The case could potentially influence legal frameworks and corporate practices surrounding image rights, ultimately contributing to a stronger protection of individual privacy and control over personal images.
