Italy’s Far-Right Party Ordered to Pay Damages in Same-Sex Couple’s Photo Case
Italy’s far-right ruling party, Brothers of Italy, has been directed to compensate a same-sex couple for unauthorized use of their photograph in an anti-surrogacy campaign. BJ Barone and Frankie Nelson, who welcomed their son Milo in 2014 through surrogacy, found their private moment exploited in the campaign without their consent.
The viral photo captured the joyous occasion of the couple embracing their newborn son. However, Brothers of Italy utilized the image in a 2016 campaign against surrogacy, drawing condemnation for the unauthorized use of the couple’s image.
As a result of the legal action taken by the Italian LGBT law firm Gay Lex, Brothers of Italy has been ordered to pay €10,000 (£8,600) to each of the affected parties for their “offensive use of their image.”
Although the party is appealing the decision, the ruling marks a significant step in protecting the rights and dignity of same-sex couples. The incident has shed light on the broader context of LGBTQ+ rights in Italy. The ruling party, led by Italian Prime Minister Giorgia Meloni, represents one of the most right-wing governments since World War Two. Brothers of Italy traces its lineage back to the Italian Social Movement, which emerged from the remnants of Mussolini’s Fascist Party after the war.
The ruling party has previously stirred controversy by urging Milan’s city council to cease registering the children of same-sex parents, an action that sparked protests.
The recent court ruling, however, signifies a victory for LGBTQ+ rights advocates. Barone and Nelson expressed their feelings about the outcome, emphasizing its significance not only for them but also for the LGBTQ+ community as a whole. They noted that the victory allowed them to reclaim their photo and symbolize the values they hold dear: family, acceptance, and unconditional love.
The unauthorized use of their cherished family moment resonates beyond their personal experience. The couple’s legal victory showcases the importance of safeguarding individuals’ rights and images from being exploited for political or ideological purposes without permission.
This incident also highlights the global implications of LGBTQ+ rights battles. Notably, the same photograph was also misappropriated in 2016 by independent Irish politician Mary Fitzgibbons to promote an agenda against surrogacy for same-sex parents.
As the legal proceedings continue and the appeal process unfolds, the case underscores the ongoing struggle for equality and respect for all individuals, regardless of their sexual orientation or family composition. The ruling resonates as a testament to the power of advocacy in preserving the rights and dignity of marginalized communities.
