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A Kisumu photo journalist faulted Silverstone for using his photos without his consent or any compensation arrangement.

Tonny Hillary, a photo journalist at the Nation Media Group based in Kisumu went ahead to sue the company for unlawfully using his work to market their Kisumu flights.

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In the Kenyan constitution, the commercial exploitation of one’s image without permission or contractual compensation is a contravention of the right to property and the right to privacy.

According to Tonny, in an affidavit seen by us, the airline didn’t inform him of any plans to use any of his works, only to be informed by one of his associates of a Silverstone Air poster posted on their social media accounts designed using his shot.

“ON THE 13TH DAY OF JUNE, I WAS INFORMED BY ONE OF MY FRIENDS BY THE NAME JOYVENDER OSAKO WHO TOLD ME THAT ONE OF MY PHOTOGRAPHS WAS BEING USED BY SILVERSTONE AIR ON THEIR SOCIAL MEDIA PLATFORMS THAT IS TWITTER, FACEBOOK AND INSTAGRAM TO MARKET THEIR AIRLINE FLIGHTS TO KISUMU CITY” READ PART OF THE AFFIDAVIT

The Airline has since pulled down all the posters having Tonny’s photos from its social media platforms.

Tonny Hillary's photo unlawfully used by Silverstone Air
Tonny Hillary’s photo unlawfully used by Silverstone Air

The suit however demanded that not only pulling down the posts would be appropriate but also a damage fee be placed on the airline in favor of the complainant.

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