With social media being such a big part of our lives these days, it’s common for people to post pictures of their friends and family online. However, sometimes those photos are shared without permission, which can lead to legal issues. Here we’ll examine whether you can sue someone for having pictures of you on Facebook without your consent.
The legality of posting photos of others online
In general, it is legal to post photos of other people online, as long as they were taken in a public place where there is no reasonable expectation of privacy. If someone takes a photo of you walking down a public sidewalk or eating at a restaurant, they are free to share that photo online without needing your permission.
However, there are some exceptions. If the photo reveals private or embarrassing details about you, or was taken in a private place like a home, bathroom or dressing room, then sharing it online may be illegal. Photos that are sexual or defamatory in nature could also lead to legal liability.
Additionally, some states have laws prohibiting the distribution of certain images, like photos taken under a person’s clothing without their consent. And children under 18 have additional protections – sharing their photos without parental approval may violate child pornography laws.
When posted photos become harassment
While an isolated instance of someone posting your photo typically won’t lead to legal liability, repeatedly posting unwanted photos of someone on Facebook can potentially rise to the level of harassment or stalking.
If the photo sharing causes you substantial emotional distress or fear for your safety, you may be able to obtain a restraining order. This would legally require the person to stop posting photos of you and to refrain from contacting you.
If the harassment is severe enough, you may even have grounds to sue the person civilly for stalking, harassment, or intentional infliction of emotional distress. The success of such a lawsuit would depend on factors like how extreme the conduct was, the harm you suffered, and the laws in your state.
Using photos without permission for commercial purposes
While sharing photos recreationally on social media is usually allowed, using someone’s photo for commercial purposes without permission is a violation of their rights.
If someone uses your photo in advertising, on product packaging, or in any other commercial way without your authorization, you may have a legal claim against them.
The claims could potentially include misappropriation of likeness, invasion of privacy, or violation of your publicity rights. You may be entitled to sue for damages, often including any profits the company made from using your image unlawfully.
Legal options if your photos are posted without consent
If you find photos of yourself on someone’s Facebook account that were shared without your permission, here are some steps you can take:
- Report the photos to Facebook and request their removal. Facebook will generally remove images that violate their policies.
- Send a cease and desist letter to the person demanding they take down the photos. Often a sternly worded letter from a lawyer convinces people to comply.
- File a restraining order if the conduct is severe enough. This makes it legally enforceable for them to stop.
- Sue for stalking, harassment, or misappropriation of likeness depending on the circumstances.
One limitation is that you cannot personally sue Facebook itself for something another user posted. Under Section 230 of the Communications Decency Act, platforms like Facebook are generally not liable for third party content.
When you can be sued for posting photos of others
While sharing photos of friends and family is part of normal social media use, you still need to be careful not to violate other people’s privacy and rights. Here are some examples of when you could potentially be sued for posting photos:
- Posting someone’s nude or sexually explicit photos without consent
- Sharing photos taken in a private place like a home or changing room
- Using someone’s photo commercially without permission
- Posting photos of a minor without parental approval
- Sharing private or embarrassing photos to harass or defame someone
To avoid legal liability, get consent before posting any photo of an identifiable person. And refrain from sharing images that violate a reasonable expectation of privacy, harm someone’s reputation, or otherwise cause harm.
How much can you sue for over unauthorized photos?
There is no fixed dollar amount that you are automatically entitled to if you sue over unauthorized photos. The potential damages depend on:
- The specific legal claims raised
- The extent of actual harm suffered
- Whether the photo usage was commercial
- The laws and precedents in your jurisdiction
For example, damages for misappropriation of likeness or using a photo in advertising might include the fees the person would have charged for authorized use, plus any profits the infringing company made.
Meanwhile, damages for emotional distress or reputational harm can be harder to quantify, but may involve reimbursement for counseling costs, lost wages, or other impacts.
Punitive damages may also be awarded in egregious cases to further punish and deter the defendant’s behavior.
Can you make someone delete photos of you on Facebook?
While you cannot force another user to remove photos of you from their own Facebook profile, you do have some options to try to make them delete the images:
- Report the photos to Facebook – they may remove them if they violate platform policies
- Send a detailed takedown request identifying the images and why they should be removed
- Consult with an attorney to issue a cease & desist letter demanding removal
- File a lawsuit asking the court to order the person to delete the photos
If the person refuses and you obtain a court order compelling them to delete the images, they could potentially face contempt of court charges for non-compliance.
Getting unauthorized photos removed from Facebook
To maximize your chances of getting unwanted photos removed from Facebook:
- Use the “report post” link to file a complaint with Facebook indicating that you did not consent to the photo being shared.
- Select the option that the photo violates your privacy rights or harms you in some way.
- Provide additional details on why the photo is unauthorized, unwanted, or otherwise objectionable.
- Consider escalating to sending Facebook’s designated agent a formal takedown notice under the DMCA or similar laws.
Facebook cannot guarantee removal of every photo complaint. But providing clear, detailed reasons why the photo violates your rights or their policies can help get unauthorized images taken down.
When social media sites may be liable for unauthorized photos
While social media platforms generally have broad protections under Section 230 of the CDA, there are some exceptions where they may face liability over unauthorized photos posted by users:
- Knowingly allowing continued harassment through unwanted photos after being put on notice
- Refusing to remove photos after a court rules they must be taken down
- Playing an active role in unlawful posting of photos beyond just hosting them
- Obtaining a direct financial benefit from illicit photos hosted on their platform
However, the bar to hold platforms legally accountable is typically high. Most cases involving unauthorized photos will target the individual user who posted them rather than the social media site itself.
Preventative measures against photo misuse
Some proactive steps individuals can take to guard against misuse of their photos online include:
- Being selective about approving tags from others before they show on your profile
- Frequently reviewing and adjusting privacy settings on social media accounts
- Using site tools to preemptively block certain users from seeing posts or tagging you
- Watermarking or embedding metadata in images to establish ownership
- Periodically searching your name online to spot any improper usage
While not foolproof, protective measures like these can help minimize risks of your photo being shared without authorization.
Conclusion
Having your photos posted or shared on social media without your permission can certainly be upsetting and feel like an invasion of privacy. But whether you have viable legal recourse depends a lot on the specific circumstances involved.
Generally, suing someone just for a minor, isolated case of posting your photo in a public place will be an uphill battle. However, if the behavior is repeated, threatening, commercial, or highly offensive, then you may have actionable claims to pursue.
Working to quickly get unauthorized photos removed, warning individuals before escalating to litigation, and focusing claims against primary offenders rather than social media platforms themselves will give you the best chance of an effective resolution.
With proper precautions and judicious use of remedies like takedown notices and lawsuits, individuals can regain control over how their images are utilized online.