Legal victory for same-sex couple against Italy's far-right party

BJ Barone and Frankie Nelson, a Canadian same-sex couple, became parents to their son Milo through surrogacy in 2014. A heartwarming photo of their joyous moment with their newborn gained widespread attention. In 2016, Italy's far-right political party, Brothers of Italy (Fratelli d'Italia), used the photo of Barone, Nelson, and their son in an anti-surrogacy campaign without obtaining their consent. This unauthorised usage sparked a legal action by the couple.

Italian LGBT law firm Gay Lex took up the case and sued Brothers of Italy for the improper and offensive use of the couple's image.

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The court ruled in favour of Barone and Nelson, ordering the party to pay €10,000 (£8,600) to each of them as compensation for the violation.

Party's response and appeal

Brothers of Italy announced its intention to appeal the decision, indicating the party's unwillingness to accept the ruling. The party traces its origins back to the Italian Social Movement, which emerged from the remnants of Mussolini's Fascist Party after World War Two.

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The party has positioned itself as a right-wing force in Italian politics.

Controversial actions and leadership

Under the leadership of Italian Prime Minister Giorgia Meloni, the country has witnessed a right-wing government that is widely considered the most right-leaning since World War Two.

The party's decisions, including instructing Milan's city council to halt the registration of children with same-sex parents, have sparked public protests.

Couple's reaction

BJ Barone and Frankie Nelson expressed their satisfaction with the court's decision. They noted that the victory was not only personal but also a significant win for the LGBTQ+ community in Italy and globally.

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"This is a small win for us, but it is a huge victory for the LGBTQ+ community in Italy and abroad. To us, our birth photo represents everything what we stand for; family, acceptance and unconditional love," the couple told a UK media outlet.

"This victory against the Fratelli and the Prime Minister allows us to reclaim our photo, and show the world that family is about love," the couple added.

The photo, taken by Lindsay Foster, faced unauthorised use beyond Italy as well.

Independent Irish politician Mary Fitzgibbons also employed the image without permission in 2016 to promote her stance against surrogacy for same-sex parents.

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