Canadian same-sex couple wins legal battle against Italy’s far-right party for using them in anti-surrogacy campaign

BJ Barone and Frankie Nelson, a Canadian couple of the same sex, welcomed their son Milo into their family through surrogacy in 2014. A touching photograph capturing their joyful moment with their newborn garnered widespread attention. However, in 2016, Italy’s far-right political party, Brothers of Italy (Fratelli d’Italia), utilized the image of Barone, Nelson, and their son in an anti-surrogacy campaign without obtaining their consent. This unauthorized usage prompted a legal response from the couple.

The case was taken up by the Italian LGBT law firm Gay Lex, who pursued legal action against Brothers of Italy for the inappropriate and offensive exploitation of the couple’s photograph.

The court ultimately ruled in favor of Barone and Nelson, compelling the political party to pay €10,000 (£8,600) to each of them as reparation for the infringement.

Brothers of Italy announced their intention to challenge the decision, signaling their refusal to accept the court’s ruling. The party traces its origins back to the Italian Social Movement, an entity that emerged from the remnants of Mussolini’s Fascist Party following World War Two. It has positioned itself as a right-wing presence within Italian politics.

Under the leadership of Italian Prime Minister Giorgia Meloni, the nation has witnessed a right-wing government that is widely recognized as the most conservative since the period of World War Two. The party’s decisions, such as directing Milan’s city council to cease the registration of children with same-sex parents, have sparked public demonstrations.

BJ Barone and Frankie Nelson expressed contentment with the court’s verdict, emphasizing that the triumph was not only personal but also a substantial achievement for the LGBTQ+ community, both within Italy and globally.

In their statement to a UK media outlet, the couple remarked, “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 photograph, captured by Lindsay Foster, encountered unauthorized usage beyond the borders of Italy as well. Independent Irish politician Mary Fitzgibbons also employed the image without permission in 2016 to advocate against surrogacy for same-sex parents.