English

Right to informed consent in cases of contracts in pornographic videos

The Constitutional Court protected the rights to privacy and the image of a woman who recorded a pornographic video as part of a casting test to act in adult films. The video was published without its authorization by the owner of the company producing pornographic videos.The Court reiterated that contractual freedom has as its limit the guarantee of fundamental rights. In particular, in the contracts signed by the companies producing pornographic audiovisual material with the people who work in these productions. The Court specified that it is necessary to guarantee an informed consent, in such a way that the person knows all the implications that the signing of said contract will have. The following aspects should also be specified: the uses and purposes of the images and the scope of their commercialization.

The Court concluded that the petitioner was not guaranteed an informed consent that would allow securing a manifestation of the free and autonomous will in the hiring process to act in the filming of a pornographic video.