1. Introduction

Digital persona rights concern the legal protection of an individual's identity, image, reputation, personal information, voice, online presence, and other attributes that identify or represent that person in digital environments.

In Morocco, digital persona rights are best understood through the interaction of constitutional privacy protections, personal-data protection, civil liability, image rights, copyright and related rights, and laws governing online publications.

The concept is increasingly important because a person's identity can be copied, altered, commercialized, impersonated, or used to create AI-generated images and voices without their knowledge.

Examples include:

Publishing someone's photograph in an online advertisement without authorization.

Creating a fake social-media account using another person's identity.

Using facial-recognition technology to identify individuals.

Generating a synthetic voice that imitates a real person.

Publishing inaccurate personal information that damages someone's reputation.

Using personal data to create commercial profiles without an adequate legal basis.

Moroccan law does not necessarily recognize every one of these examples as a separate, freestanding legal right. Their treatment depends on the particular conduct, the applicable legislation, and the evidence.

The central question is: How can Moroccan civil law protect a person's identity and dignity when that identity is represented, processed, or exploited digitally?

2. Legal framework in Morocco

A. Constitution of Morocco, 2011

Article 24 protects private life and private communications. Article 27 addresses access to information and recognizes limitations intended to protect matters including private life.

These constitutional provisions are relevant to digital identity, online surveillance, disclosure of private information, and the use of personal images.

Article 6, which establishes principles of legality and equality before the law, also informs the exercise of public authority in digital identity systems.

Constitutional protection must be applied alongside the legislation governing the particular dispute.

B. Law No. 09-08 on personal-data protection

Law No. 09-08, promulgated on 18 February 2009, is a principal legal instrument for protecting individuals in relation to the processing of personal data. The CNDP supervises compliance within its statutory authority.

CNDP+1

Its significance for digital persona rights includes:

Lawfulness of processing: personal data must be processed in accordance with applicable legal requirements.

Purpose limitation: data should not be used indiscriminately for unrelated purposes.

Accuracy: inaccurate personal information may require correction under the applicable rules.

Security and confidentiality: data controllers must observe the relevant safeguards.

Individual rights: applicable rights of information, access, rectification, and objection must be respected, subject to statutory conditions and exceptions.

A photograph, voice recording, online identifier, or other digital record may constitute personal data when it relates to an identified or identifiable person.

However, not every use of an image is automatically unlawful. The legal assessment depends on the purpose, context, applicable rules, and any relevant legal justification.

C. Law No. 2-00 on copyright and related rights

Law No. 2-00, as amended, may be relevant where digital persona disputes also involve artistic performances, recordings, photographs, or protected creative works.

It is important to distinguish copyright in a photograph from the depicted person's interests in their own image and privacy. A photographer may hold rights in a photograph while the depicted person retains separate rights that may restrict certain uses.

Consequently, obtaining copyright permission does not necessarily resolve every issue involving consent to use a person's image.

D. Law No. 88-13 on the Press and Publishing

Law No. 88-13 contains provisions addressing privacy and image rights in the context of press and electronic publications.

Article 89 addresses specified forms of interference with private life through publications, including certain intimate images and private information disclosed without the required consent. The legislation also provides for civil remedies in relevant circumstances.

WIPO+1

This framework is particularly relevant when a website, online newspaper, or digital publisher disseminates personal material.

E. Code of Obligations and Contracts

The Moroccan Code of Obligations and Contracts provides an important foundation for civil liability.

Articles 77 and 78 are relevant to liability for wrongful acts causing damage. Depending on the facts and legal basis, a claimant may seek compensation for material loss or moral harm.

Article 400 is also relevant to the burden of proof in civil proceedings, as illustrated by Moroccan litigation concerning unauthorized commercial exploitation of personal images.

A successful claim generally requires examination of the applicable legal duty, wrongful conduct, legally recognized damage, and the necessary causal relationship.

3. Relevant Moroccan case laws

The following decisions are particularly relevant because they address image rights, unauthorized commercial exploitation, privacy, and civil compensation. These are more directly connected to Moroccan law than foreign cases concerning digital identity.

Case 1: Court of Cassation, Civil Chamber — Decision No. 196, 25 March 2014

File No.: 1850-3-1-2012

Subject: Unauthorized commercial use of a person's photograph and moral damages.

Facts: A photograph of a woman holding a copper vessel was taken for the promotion of a sports club. A company specializing in plastic vessels subsequently used the same image for its own commercial purposes without the woman's authorization.

Legal principle: The Court of Cassation held that the unauthorized use of the claimant's photograph could justify compensation for moral harm. It also considered the responsibility of a party whose active involvement contributed to the damage.

Application to digital persona rights: A person's image cannot be treated merely as a commercially available asset. Where a company uses a photograph on its website, in social-media advertising, or in an online campaign without the necessary authorization, civil liability may arise.

This is a particularly relevant Moroccan authority for the protection of digital image rights.

مجلة مغرب القانون

Case 2: Casablanca Court of Appeal — Decision No. 2856, 17 June 2019

File No.: 2019/8202/1601

Subject: Use of a person's image in an advertising video without consent.

Facts: The dispute concerned the commercial use of an individual's image in a promotional video published on a company's official online channel. The claimant sought compensation for unauthorized exploitation.

Legal principle: The Court of Appeal upheld the finding of civil liability. It considered Article 400 of the Code of Obligations and Contracts in relation to proof of authorization, concluding that the party relying on permission to exploit the image had to establish that authorization.

The court also treated the absence of authorization as relevant to the resulting moral harm and commercial exploitation.

Application to digital persona rights: Businesses using images in digital advertising should maintain evidence of valid authorization where required. The fact that a photograph or video is publicly accessible online does not automatically confer permission to use it commercially.

Jurisprudence

Case 3: Casablanca Court of Appeal — Decision No. 6174, 16 December 2021

File No.: 2020/8232/3579

Subject: Unauthorized publication of an employee's photograph by a press organization.

Facts: The dispute concerned the publication of an employee's photograph without her consent. The case reached the Court of Appeal on remand after cassation and involved the extent of compensation for the resulting harm.

Legal significance: The decision concerned the assessment of civil compensation following an infringement of image rights. It illustrates that a court may need to examine the circumstances of publication and the nature of the material and moral damage.

Application to digital persona rights: Online publishers and organizations should consider the rights of individuals whose images appear in articles, promotional material, or digital communications. The legality of publication must be assessed in context rather than assumed from the fact that the image has been obtained.

Jurisprudence

Case 4: Casablanca Commercial Court — Judgment No. 9777, 26 October 2021

File No.: 4749/8202/2021

Subject: Unauthorized online dissemination of a person's image for advertising purposes.

Facts: The claimant alleged that companies had published his photograph on a website for commercial purposes without prior consent. The litigation addressed unauthorized image use, civil responsibility, moral harm, and the evidence required to establish the infringement.

Legal principle: The court considered the right to one's image as a legally protected personal interest and examined civil liability under Articles 77 and 78 of the Code of Obligations and Contracts, together with relevant provisions of the Constitution and other legislation.

The judgment also addressed the responsibility of commercial entities involved in the unauthorized publication.

Application to digital persona rights: A company that publishes a person's image online may face a claim for compensation if the relevant elements of unlawful conduct and damage are established. Responsibility should be assessed separately for each party according to its role and applicable legal obligations.

Jurisprudence

Case 5: Casablanca Court of Appeal — Decision dated 24 November 1988, No. 2139

Subject: Publication of a person's portrait without permission.

Legal principle: The reported decision recognized that publication of an identifiable person's portrait without permission or consent could give rise to a claim for compensation. The claimant's identity and the correspondence between the published photograph and the claimant were important evidentiary issues.

Application to digital persona rights: Although the decision predates modern social media, it provides historical context for the protection of personal image rights in Morocco. Digital technology changes the scale and speed of dissemination, but it does not eliminate the underlying legal interests in one's image.

The decision is reported in Moroccan legal-jurisprudence materials.

Jurisprudence

Case 6: Casablanca Court of Appeal — Decision No. 3127, 28 June 2011

Subject: Personal image rights and publication without consent.

This decision is cited in secondary legal commentary concerning the unauthorized publication of an individual's image.

Legal relevance: It is associated with the principle that a person's image is a protected personality interest and that unauthorized publication may give rise to compensation, subject to the applicable legal conditions.

Application to digital persona rights: The principle is relevant to social-media profiles, online advertisements, and other forms of digital dissemination. The precise holding and procedural context should be verified against the original judgment before it is used as a principal authority in litigation.

Law Gratis

Case 7: Moroccan Court of Cassation — Decision No. 813, 18 July 2007

Subject: Unjust enrichment and the commercial exploitation of personal interests.

This decision is cited in secondary Moroccan legal commentary concerning unjust enrichment and the benefits obtained through the exploitation of another person's interests.

Legal relevance: It provides context for examining whether a party has obtained a benefit at another person's expense and whether the relevant requirements for restitution or compensation are met.

Application to digital persona rights: A business that monetizes another person's identity, image, or persona without proper authorization may raise questions of civil liability and, where legally appropriate, unjust enrichment.

The case should not be treated as establishing an automatic right to recover all profits from every unauthorized use of an image. The relevant cause of action and its elements must be established.

Law Gratis

Case-law qualification: The Moroccan judgments above concern image rights and related civil-liability principles, not every aspect of modern digital persona regulation. Decisions directly addressing AI-generated identities, synthetic voices, and automated online impersonation are a distinct category and should not be attributed to these courts without verified authority.

4. Legal protection against specific forms of digital persona infringement

These categories may overlap. For example, publishing an AI-generated image that falsely depicts a person in an intimate situation may raise privacy, image-rights, reputational, and potentially criminal-law issues. The appropriate legal response depends on the facts and applicable provisions.

5. Civil remedies and enforcement

A person whose digital persona has been unlawfully exploited may consider several forms of relief, depending on the legal basis and procedural requirements.

A. Compensation for material and moral harm

Where the necessary elements of liability are established, a court may award compensation for legally recognized harm.

Material harm might include a demonstrable financial loss or unauthorized commercial exploitation. Moral harm may include injury to dignity, privacy, or personal interests recognized by law.

The amount of compensation depends on the evidence and the applicable legal standards.

B. Cessation of unauthorized use

A claimant may seek an appropriate judicial measure to stop an ongoing infringement where the relevant legal and procedural requirements are satisfied.

For example, this may involve seeking an order addressing the continued commercial display of an unauthorized photograph.

C. Correction or removal of personal information

Where inaccurate or unlawfully processed personal data is involved, the individual may consider the rights and procedures available under Law No. 09-08, including applicable rectification or objection mechanisms.

The availability of removal depends on the type of information, the applicable legal basis, and any relevant statutory exceptions.

D. Complaints to the CNDP

Where a dispute concerns personal-data processing within the CNDP's jurisdiction, an individual may consider the relevant complaint and oversight procedures.

A CNDP complaint is not necessarily a substitute for a civil claim, and the appropriate route depends on the remedy sought.

E. Preservation of digital evidence

Digital persona disputes often require evidence of the original publication, the account or website involved, the date and context of publication, the claimant's identity, and the absence or limits of authorization.

Screenshots may be useful, but preserving the underlying URL, timestamps, original files, and appropriate records of verification can strengthen the evidentiary position. Evidence should be collected lawfully.

6. Proposed reforms for Morocco

Morocco could strengthen the practical protection of digital persona rights through several measures.

1. Clearer guidance on AI-generated likenesses: Clarify how existing image-rights, privacy, and data-protection principles apply to realistic synthetic images and voices.

2. Transparent authorization procedures: Encourage clear, documented permissions specifying the purposes, duration, and scope of commercial image use.

3. Effective complaint mechanisms: Make it easier for individuals to report unauthorized online exploitation and identify the appropriate administrative or judicial remedy.

4. Responsible platform practices: Encourage accessible reporting, evidence preservation, and appropriate review procedures for impersonation and privacy infringements.

5. Consistent civil remedies: Develop clear judicial guidance on assessing moral harm, commercial exploitation, and the role of different participants in online publication.

6. Protection against digital exclusion: Ensure that remedies are accessible to people who lack technical expertise or the resources to pursue complicated digital disputes.

These are proposals for improving implementation and legal clarity, rather than claims that Morocco currently has a separate, comprehensive Digital Persona Rights Act.

7. Conclusion

Civil Law and Digital Persona Rights Regulation in Morocco is grounded in the protection of private life, personal data, personal image, dignity, and civil responsibility.

Law No. 09-08, the Constitution of 2011, Law No. 88-13, Law No. 2-00, and the Code of Obligations and Contracts provide important legal foundations for addressing unauthorized digital exploitation.

The Moroccan decisions concerning commercial use of photographs and online publication demonstrate that image rights can support civil claims for compensation when the applicable requirements are satisfied.

The key principle is that a person's digital identity is not automatically available for unrestricted commercial use merely because it can be accessed, copied, or reproduced online. At the same time, each dispute must be assessed under the specific law applicable to the conduct, the evidence, and the remedy sought.

For formal academic or litigation use, the full text of each judgment should be consulted wherever available, particularly for the older decisions and those identified through secondary legal commentary.