Woman sues plastic surgery centre for advertising itself with her images without consent
A woman is seeking compensation from a plastic surgery center for allegedly using her photo on a billboard without her consent to advertise its services.
Ms Jessicar Clarise Wanjiru has sued Davinci Aesthetic & Reconstruction Centre, Dr Nang’ole Wanjala and the Nairobi County government after spotting a billboard advertisement near Kenyatta National Hospital in July with part of her face.
Through lawyer Bemih Kanyonge, Ms Wanjiru has accused the sued parties of agreeing to erect billboards to advertise the centre’s business that deals in cosmetic/plastic surgery and body reconstruction with her image without her consent.
She is also accusing the centre of using her photos on its official website so as to market and advertise itself for its own economic gain without her prior knowledge.
Ms Wanjiru argues that she has never undergone plastic or cosmetic surgery and that she does not intend to do so in future yet the centre has been using her photos since 2015.
“The sued parties continue to enjoy economic gain yet Ms Wanjiru has suffered both emotionally and psychologically due to the continued use of her images to portray as well as promote a service and procedure she has never undergone or intend to,” Mr Kanyonge said.
Mr Kanyonge said Ms Wanjiru’s her facial images have been displayed alongside naked torsos and thighs of persons unknown to her.
He says that his client’s images as presented before the eyes of the public is misleading and depicts her as a totally different person from who she is.
The lawyer said that attempts by Ms Wanjiru to have the centre pull down all the billboards within the city and webpages bearing her image have not yet borne fruit.
The court was further told that the complainant now fears that if the court does not intervene, her dignity as well as reputation will continue to be greatly compromised yet the sued parties have no intention of correcting the situation despite repeated admonishments to do so.
“I was left wondering whether there are other images of myself displayed on billboards erected elsewhere with permission from Dr Wanjala. As a family person I find the advert largely misleading as my face showcases plastic surgery done by the centre yet I’m a stranger to these procedures,” Ms Wanjiru said.
Besides compensation, the complaint wants it declared that her right to privacy and dignity has been violated. She also wants it declared that licensing the said billboard near KNH unlawful and that the sued parties be compelled to remove all the billboards.