Birth control billboards: Woman sues markerting firm for using her face

Wednesday August 01 2018
latest001pix

KAMPALA- A woman has sued two advertising companies that allegedly used her image to advertise birth control methods without her consent.

The companies that have to defend themselves in the High Court are Uganda Health Marketing Group and Image Crusade Advertising/ Printing Limited.

They are accused of unlawfully using the image of Ms Victoria Nsagire without her consent or approval to promote the use of or market various commercial contraceptive drugs on their billboards.

In her suit, Ms Nsagire claims that she has never had any dealings with either of the two companies to permit them to use of her image in their adverts, commercial bill boards and there is no arrangement with the manufacturers of any of the commercial contraceptives which are being advertised using her image.

Ms Nsagire says she was only alerted by her family members, Church members and workmates that her image is being used on massive commercial bill boards of the defendants in several parts of the country.

Court documents further indicate that the offensive bill boards bear the plaintiff’s image together with various contraceptive drugs which include among others injectaplan, IUD, pill plan with a captioned message stating: “I thought family planning methods would make me infertile. I was wrong”.

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“The plaintiff is a responsible wife and mother, member of Church choir and a gainfully employed person and the use of her image portrays her as a user of the contraceptives who believes that they cannot cause one to be infertile which not her opinion is and that it was false information,” the suit read in part.

Ms Nsagire says the unlawful and offensive use of her image by the defendants is causing her stress, significant psychological torture, marital issues, reputational damage before her family members, Church folks, workmates and employers.

She avers that unlawful use of her image is a deliberate breach, infringement of her constitutional right to privacy and personality rights for which she holds the two companies liable.

Ms Nsagire says it was wrong for the two companies to portray her as a brand ambassador or model under contract and as a person who uses, approves, guarantees and warrants the general public of Uganda that the use of contraceptives cannot cause them infertility.

She says the defendants unlawfully used her image for commercial purposes and unjustly enriched themselves from the same; which she is thereby entitled to in royalties or a percentage of earning they got. 

The case has been allocated to Justice Lydia Mugabe for hearing.

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