When Your Face Becomes a Sticker

A photograph may seem ordinary. However, when someone's face is edited, combined with degrading words, and shared with others, an important question arises: is it merely a joke, or could it lead to legal consequences?

01 — UNDERSTANDING THE CASE: WHAT HAPPENED?

Imagine discovering that a photograph of your face has been taken, turned into a WhatsApp sticker, and shared in a group chat with words that are offensive or degrading.

You never imagined that your face would be used in this way. Meanwhile, other people might find it funny without considering how you feel or how the content could affect your reputation.

The document forming the basis of this discussion refers to a legal consultation provided through Indonesia's National Legal Development Agency (Badan Pembinaan Hukum Nasional, or BPHN).

Reference: BPHN Legal Consultation — Reference No. 30417

Important to understand: This reference comes from a legal consultation, not a court judgment establishing that someone has been proven guilty of a criminal offense.

To understand the issue objectively, we need to distinguish between the reported facts, the legal questions involved, and the conclusions that still require further examination.

02 — ISSUE: WHAT ARE THE LEGAL QUESTIONS?

The main question in this case is:

Can someone take, edit, and distribute another person's photograph as a sticker that humiliates the person depicted?

To answer this question, it is not enough to simply say that the action is wrong or inappropriate.

We need to identify several legal issues:

1. Does the use of the photograph raise concerns about personal data protection?
2. Does the use of the photograph involve portrait rights or copyright?
3. Could the words added to the sticker potentially attack someone's honor or reputation?
4. How was the photograph obtained, used, and distributed?
5. Are there sufficient facts and evidence to assess potential legal responsibility?

A single digital incident may raise several legal issues at the same time. However, each issue must be analyzed according to the relevant legal provisions and requirements.

03 — RULE: WHICH LAWS ARE RELEVANT?

Four groups of legal provisions can serve as an initial framework for analyzing this case.

A. Personal Data Protection

Law No. 27 of 2022 on Personal Data Protection (PDP Law)

A photograph of someone's face may constitute personal data if the person can be identified through the image.

The PDP Law also recognizes biometric data as a category of specific personal data, including characteristics that enable the unique identification of an individual.

However, this does not mean that every photograph of a person's face automatically qualifies as biometric data in every context.

Questions that need to be examined include:

• Can the person in the photograph be identified?
• How was the photograph obtained?
• For what purpose was the photograph used?
• Was there a lawful basis for processing the photograph?
• Are there any relevant legal provisions or exceptions applicable to the situation?

The PDP Law also provides an exception for personal data processing carried out by individuals in personal or household activities.

Whether this exception applies must be assessed according to the specific circumstances, rather than assuming it applies to every activity conducted through WhatsApp.

What this means for students: Being able to view or save someone's photograph does not automatically mean you are free to use it for any purpose.

B. Portrait Rights and Copyright

Law No. 28 of 2014 on Copyright

When using a photograph, two different legal matters need to be distinguished.

First, copyright in the photograph.

Who took the photograph, or who owns the copyright in the photographic work?

Second, portrait rights.

Which legal provisions apply when a person's face appears in a photograph that is used or distributed?

These two issues are not always identical.

A person who takes a photograph does not necessarily have unlimited freedom to use the face of the person depicted.

Indonesia's Copyright Law regulates portraits and establishes certain requirements for their use, including in commercial contexts.

Whether specific provisions apply to a WhatsApp sticker must be assessed based on the relevant facts and legal requirements.

What this means for students: Rights relating to a photograph and the interests of the person whose face appears in it are two separate matters that must be examined.

C. Honor and Reputation in Digital Spaces

Law No. 1 of 2024 on the Second Amendment to the Electronic Information and Transactions Law (ITE Law)

Imagine someone's face being used in a sticker containing words that accuse the person of being a fraudster, and the sticker is then shared with others.

This situation may raise questions concerning honor and reputation.

Article 27A of the ITE Law regulates certain acts that attack a person's honor or reputation by making an accusation through electronic information or electronic documents.

However, not every sticker that hurts someone's feelings automatically satisfies the legal elements of this provision.

The content of the message, its meaning within the relevant context, the manner of distribution, and the applicable legal requirements must all be examined.

What this means for students: Digital content must be evaluated based on its actual content and context, not merely on whether someone feels offended.

D. Provisions of the 2023 Indonesian Criminal Code

Law No. 1 of 2023 on the Criminal Code (KUHP)

Article 436 of the 2023 Criminal Code regulates minor insults under certain circumstances.

Article 441 also provides for increased criminal penalties in circumstances specified by law, including those involving the use of information technology.

However, the existence of these provisions does not mean that every sticker considered insulting automatically constitutes a criminal offense.

Their application requires an examination of the conduct, the elements of the offense, the context of distribution, and other relevant legal requirements.

What this means for students: Knowing the number of a legal provision is not enough. We must understand which legal elements need to be proven and whether those elements match the facts.

04 — APPLICATION: HOW DO THE LAWS APPLY TO THIS CASE?

This is the most important part of legal analysis: connecting the relevant legal rules to the available facts.

A. Facts Presented in the Case Materials

Based on the Case Room document used as a reference, the incident is described as follows:

• A student's face was taken from a photograph.
• The photograph was edited into a sticker.
• The sticker was distributed in a group.
• The sticker contained words that were offensive or degrading.

The document also refers to a BPHN legal consultation.

This information provides the starting point for the analysis, but it does not automatically prove that all the elements of a particular legal violation have been satisfied.

B. Preliminary Legal Analysis

1. From the Perspective of Personal Data Protection

If the photograph identifies a person and its use constitutes personal data processing subject to the PDP Law, the lawful basis for processing, the purpose of use, and the relevant legal provisions need to be examined.

However, the available information is not sufficient to conclude with certainty that a violation of the PDP Law has occurred.

2. From the Perspective of Portrait Rights and Copyright

It is necessary to examine who created or owns the copyright in the photograph, how the photograph was used, and whether the relevant portrait provisions apply to that use.

Further information about permission, the purpose of use, and the nature of distribution is still needed before reaching a more specific conclusion.

3. From the Perspective of Honor and Reputation

The words included in the sticker are an important part of the legal analysis.

It is necessary to know the exact wording of the message, its meaning within the conversation, who received or viewed it, and whether the conduct satisfies the elements of the relevant legal provisions.

4. From the Perspective of Individual Responsibility

It is important to distinguish between the person who obtained the photograph, the person who edited it, the person who first distributed the sticker, and those who forwarded it.

The roles of these individuals should not automatically be treated as identical without examining the actions and evidence relating to each person.

C. What Additional Information Is Needed?

To assess potential legal consequences more accurately, at least the following information is needed:

• Did the person depicted ever give permission?
• Where was the photograph obtained?
• What exact words were included in the sticker?
• Was the sticker shared only in a limited conversation, or was it distributed more widely?
• Who created, edited, and distributed the sticker?
• Is there evidence showing the context, purpose, or impact of its distribution?

These questions do not mean that someone must have all the information before seeking help.

Instead, they help ensure that legal analysis is based on facts rather than assumptions.

05 — CONCLUSION: WHAT IS THE LEGAL CONCLUSION?

Based on the available information, using someone's face in a sticker containing degrading words may raise legal issues involving personal data, portrait rights, copyright, and honor or reputation.

However, not every act of creating or distributing a sticker automatically constitutes a legal violation.

The final conclusion depends on the facts that can be proven, the purpose and context of the use, the applicable legal provisions, and whether the relevant legal elements have been satisfied.

One important principle can be emphasized: having access to someone's photograph should not automatically be understood as unlimited permission to edit or distribute it for any purpose.

This is where legal reasoning becomes important: identifying the problem, finding the relevant laws, applying those laws to the facts, and reaching a proportionate conclusion.

06 — PRACTICAL LESSONS: WHAT SHOULD STUDENTS DO?

Use the ASK Method Before Creating or Sharing a Sticker

A — Authorization (Permission)

Has the person whose face is being used given permission for that particular use?

S — Source

Where did the photograph come from? Was it obtained and used appropriately?

K — Kind of Use (Purpose)

Why is the person's face being used? Does the context respect the individual, or does it humiliate them?

Add the Five-Second Test

Before pressing the send button, ask yourself:

"If my face were used in the same way, would I feel comfortable?"

If you are still unsure, do not rush to share it.

Ask for permission first and consider the possible consequences.

07 — WHAT IF YOUR FACE IS USED WITHOUT YOUR CONSENT?

If you experience a similar situation, here are some practical steps you may consider.

1. Preserve Relevant Evidence

Save screenshots, dates, the context of the conversation, and information about how the sticker was distributed.

Avoid redistributing the harmful content.

2. Ask for the Distribution to Stop

If it is safe to do so, ask the person who created or distributed the sticker to stop sharing it and remove the content.

3. Use the Platform's Reporting Features

Report the content through the available reporting tools if it violates the platform's rules.

4. Seek Support From Someone You Trust

For students, parents, guardians, teachers, or school counselors can help identify safe next steps.

5. Seek Legal Assistance if Necessary

If the problem continues or causes serious consequences, seek assistance from a legal professional or the relevant authorities to assess the available options based on the facts.

Do not retaliate by sharing someone else's personal data, creating another insulting sticker, or taking actions that could make the situation worse.

08 — WHY DOES THIS CASE MATTER TO YOUNG PEOPLE?

Technology allows a photograph to be copied, edited, and distributed within seconds.

To the person creating it, a sticker might seem like a joke.

However, for the person whose face is used, the experience may cause embarrassment, conflict, or damage to their reputation.

This case teaches us that digital literacy is not only about knowing how to use applications.

Digital literacy also involves understanding permission, privacy, responsibility, and the impact of our actions on others.

Legal literacy does not mean treating every unpleasant experience as a criminal offense.

It means being able to recognize problems, ask the right questions, understand the relevant laws, and know when to seek help.

09 — LEXTEEN TAKEAWAY

Before sharing a photograph or sticker, ask yourself:

• Whose face am I using?
• Do I have permission for this particular use?
• Why am I using the photograph?
• Who will receive or see this content?
• Could my actions harm someone else?

A sticker that seems funny to us may still hurt someone else.

Think before you click.

Ask for permission before you use.

Understand the law before you share.

Think before you click. Ask before you use. Know the law before you share.

LEGAL SOURCES AND REFERENCES

1. Law No. 27 of 2022 on Personal Data Protection.
2. Law No. 28 of 2014 on Copyright.
3. Law No. 1 of 2023 on the Criminal Code.
4. Law No. 1 of 2024 on the Second Amendment to the Electronic Information and Transactions Law.
5. BPHN, Legal Consultation — Reference No. 30417: https://literasihukum.bphn.go.id/konsultasi-hukum/30417

ABOUT THIS CONTENT

Disclaimer

"This content is created purely for educational purposes and to share information with fellow students. It does NOT constitute official legal advice or consultation."

This content is created purely for educational purposes and to share information with fellow students. It does NOT constitute official legal advice or consultation.

This article was prepared by LEXTEEN, a youth-led legal literacy initiative dedicated to helping students understand the law in a simpler, more critical, and more relevant way that connects with their everyday lives.

This content is intended solely for educational purposes and to share information with fellow students. It does not constitute legal advice, official legal consultation, or a determination that any individual has committed a legal violation.

Any assessment of an incident must consider the relevant facts, evidence, applicable legal provisions, and legal interpretations.