Arc a tömegben. Az utcai fotográfia mint a művészi önkifejezés szabadsága és a képmáshoz való személyiségi jog
Face in the crowd. Street photography as the freedom of artistic expression and the right to one’s image

Summary/Abstract: Street photography is one of the most sensitive genres of modern photography, capturing everyday life, human relations, and spontaneous moments in public spaces. The genre simultaneously embodies the freedom of artistic expression and carries within it the potential infringement of personality rights, particularly the right to one's image. The central question of this study is to what extent, and under what conditions, street photography can be incorporated into the constitutional protection of artistic freedom, and how it may come into conflict with other rights. In Hungary, the legal evaluation of street photography is framed by strict rules: under the Civil Code, the making and use of an image generally requires the subject's consent, with only two exceptions allowed. However, interpreting these places street photography in a state of uncertainty. Data protection law imposes further restrictions, which is often incompatible with the essential spontaneity of street photography. The study introduces the concept of "image context" as a potential criterion to help mitigate conflicts between freedom of expression and personality rights. From an international perspective, the differences in legal interpretation between the United States and Europe are particularly striking. The study explains that certain provocative and agressive photographic methods may be legally acceptable in the United States, while in Europe they would almost certainly amount to a violation of rights. The paper highlights that continuous refinement of the legal framework is necessary to ensure both the protection of the freedom of artistic expression and the respect for individual privacy, as only then can be achieved a balanced relationship between these two rights.

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