The Office of the Data Protection Commissioner (ODPC) recently ruled in favor of actor Paul Ogola, awarding him compensation of Kes.1.4 million due to the unauthorized use of his likeness 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 contractual agreement had expired.
Following an investigation, the ODPC determined that Shalina had indeed utilized Ogola’s images for various promotional materials such as billboards, posters, digital media, and printed calendars without obtaining proper consent or notifying him.
According to the terms of their agreement, Ogola had granted Shalina exclusive rights to use his image for an online campaign promoting their Pharmasal product for a duration of six months, from February 12, 2022, to August 12, 2022.
In the ruling delivered by Data Commissioner Immaculate Kassait, it was concluded that Shalina Healthcare had violated the terms of the original contract and infringed upon Ogola’s data protection rights.
As part of the compensation package, Ogola was awarded Kes.500,000 for the use of his images on billboards and an additional Kes.500,000 for their use in calendars, websites, and social media platforms. Additionally, he received Kes.200,000 for the breach of his right to be informed as outlined in Section 26(a) of the Data Protection Act.
The total compensation ordered by Shalina Healthcare Kenya Limited for Ogola amounts to Kes.1,450,000.
Both parties have the option to challenge the ruling by appealing to the High Court of Kenya within a 30-day timeframe.
