THE LEGAL TORT LIABILITY OF THE JOURNALIST FOLLOWING THE ASSAULT ON THE RIGHT TO THE IMAGE IN THE SAUDI PRESS AND PUBLISHING SYSTEM

Abstract

This study aims to determine the journalist's tort liability in the event of an assault on the right to the image. This journalist, while carrying out his work tasks such as publishing news, reports, and investigations, takes many pictures and then republishes them to the public, despite the absence of a particular legal text that protects the right to the image from press attacks in the Kingdom of Saudi Arabia due to the absence of codification of civil transactions, there remains the possibility of protecting the right to the image is possible according to the Saudi press and publishing system. If the elements of civil liability are available, the aggrieved party can claim compensation from the journalist for the damages he sustained. Moreover, when practising his work, the journalist aims to deliver information to the public. In implementing the public's right to obtain information, he publishes many pictures to achieve the public interest and the public's right to know. The right to the photo becomes a restricted and non-absolute right. The journalist can defend himself from responsibility by proving that the photo was taken in a public place, by a public figure, or that it was taken and published to achieve the public interest. In the research, we adopted the analytical approach to the relevant texts from the Saudi press and publishing system and the applied approach based on strengthening jurisprudential and legal positions with judicial positions. In this study, we discuss the basis of the civil liability of the journalist and the conditions for its establishment. And the provisions of the civil liability of the journalist in the event of an assault on the image. The study used the descriptive analytical method to conduct the investigation. The study recommended calling on the Saudi regulator (legislator) to stipulate the protection of the right to the image as an independent right in the press and publishing system texts so that it confirms the protection of this right from the civil point of view. It urged the Saudi regulator (legislator) to organize special preventive measures to be taken when the right to photograph is violated. The person who attacked the image must stop it by preventing publication and returning the pictures to their owner.