The Office of the Data Protection Commissioner (ODPC) has awarded actor Paul Ogola Kes.1.4 million in compensation for the unauthorized use of his image in advertising campaigns. Ogola, known for his role in ‘Sense 8’, lodged a complaint against Shalina Healthcare Kenya Limited for continuing to use his images after their contract had expired.
The ODPC found that Shalina used Ogola’s images for billboards, posters, moving pictures, websites, and printed calendars without his knowledge or consent.
According to the contract between Ogola and the company, they were permitted to use his image for an online campaign advertising their Pharmasal product for only six months, from February 12, 2022, to August 12, 2022.
In the ruling issued by the Data Commissioner Immaculate Kassait, it was determined that Shalina Healthcare had violated the terms of the original contract and infringed upon Ogola’s data protection rights.
As compensation, the ‘Nairobi Half Life’ star was awarded Kes.500,000 for images displayed on billboards (outdoor advertising) and Kes.500,000 for images featured on calendars, websites, and social media pages.
Additionally, Ogola received Kes.200,000 for the infringement of the right to be informed under Section 26(a) of the Data Protection Act.
The total compensation ordered to be paid to Ogola by Shalina Healthcare Kenya Limited amounts to Kes1,450,000.
Both parties have the option to appeal the decision to the High Court of Kenya within 30 days.
