Woman sues Daystar University for Sh3m over Instagram photo
Daystar University, Athi River Campus. A woman has sued the university for allegedly using her photo without permission.
What you need to know:
- The petitioner is alleging violation of her rights and wants a permanent injunction issued restraining Daystar from using her image in any promotion without her consent.
- She says the poster was uploaded on the university’s Instagram page on August 7, 2020 and that it can still be accessed online.
A woman has sued Daystar University while seeking Sh3 million as compensation for allegedly using her photo on its poster/flyer without her consent.
In a petition filed at the High Court in Malindi, Mildred Mtwana is alleging violation of her rights and wants a permanent injunction issued restraining Daystar from using her image in any promotion without her consent.
Through lawyer Shukran Mwabonje, the petitioner says that on or about August 2020, the university used her photograph in a digital poster that intended to advertise or market its online study programmes.
The petitioner says that Daystar University caused the digital poster/flyer to be aired in various television news outlets and that it (university) further published it in its official website and social media pages. She says that the poster was uploaded on the university’s Instagram page on August 7, 2020 and that it can still be accessed online.
“The petitioner did not authorise, give permission or consent to the respondent to use her likeness, image or photograph in advertising or marketing the university for commercial gain,” the petition states.
Ms Mtwana argues that the university accrued financial advantage, publicity and visibility as a result of the use of her image in its advertisement and marketing.
“The use of the image caused her online ridicule and embarrassment,” the petition states.
She alleges that the photo was captured by Daystar's employee or agent without disclosing to her that it was to be used for commercial gain.
“There is no relationship -- contractual, educational, legal or social -- between the petitioner and the respondent. The petitioner is neither a student, staff, employee nor servant of the respondent.”
According to court papers, she attempted to contact Daystar to have the photo removed or be compensated but did not get audience.
