A skincare blogger’s image being used for advertising without her awareness has exposed a big gap in the law.
33-year-old Jessica Buntrock recently discovered that a photoshopped image of herself was appearing on a Sydney clinic’s flyer to advertise its beauty and massage treatments; and it was all without her knowledge or permission.
Buntrock’s image had been altered to show her "before" and "after" a laser facial treatment at Real Health to combat acne and inflammation; however, Queensland-based Buntrock had never visited the clinic, and was notified by one of her YouTube subscribers that her image was being used.
Speaking with The Sydney Morning Herald, Buntrock explained that the situation was “frustrating,” and that "I'm not looking for financial compensation, even though they're using my image for a commercial purpose. I just want them to stop using it.
"It's detrimental to my brand, and I can't have subscribers assuming I endorse her services. Dealing with this is frustrating and stressful. There needs to be a straightforward method to combat this, and hold businesses to account for their actions."
This particular blogger’s situation is not unique, but the case has brought to light a large gap in the law for people whose images are stolen online and used for commercial or other purposes.
While suing for damages for defamation or breach of copyright are options, there is very little precedent set to say what should be done when someone’s image is being used without their knowledge. In 1974, the Trade Practices Act (TPA) came into effect stating that a person who suffers loss or damage because of conduct which is misleading is able to access a veritable smorgasbord of remedies, from compensation to rectification, to total refunds; however, the law has never seen a clear resolution beyond the courts on occasion offering plaintiffs closure in the form of defendants paying a license fee for the benefit they may have received because of misconduct.
In Buntrock’s situation, she was able to contact the business immediately and request they take the image down; but beyond that, it is unclear what will happen next.
