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Can I take legal action against a person that has taken a photo of me without my knowledge and posted it without consent?

Tahlequah, OK |

Recently a person has tried to "cyberbully" me on Twitter by taking a photo of my chest without my knowledge (I am obviously looking the other way in the photo) and posting it without my consent. The photo had a malicious caption with demeaning and offensive comments about my body. The attack was unwarranted. I don't even have a twitter and I would have never found out about it if a friend hadn't told me.

Is there anyway to take legal action against this person? This person already has a history with the law (DUIs, drug charges, etc.) and I just want the picture to be taken down. As you can imagine I do not want my name or picture linked back to this swine in any way.

Attorney Answers 3

Posted

You need to contact an attorney in your area. You may also want to contact the District Attorney in your county. This may be a crime (depending on the circumstances) or a civil violation of our privacy/publicity rights and those laws and the remedies available to you vary from State to State. There are two websites that offer fee or low cost assistance to victims of this offensive behavior: endrevengeporn.com and fightrevengeporn.com. Good Luck

The answers given are informational only and do not constitute legal advice.

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Asker

Posted

Thank you so much for the links. Would it still be fought for even if it isn't my bare chest? The photo was taken in public so I obviously was fully clothed, but it was zoomed in on my chest and I was wearing a semi tight shirt anyway. Regardless I do not want this photo of myself on the internet.

Oscar Michelen

Oscar Michelen

Posted

It is still harassment and if your name or other identifying information was used along with the photo then it could stillbe a violation of your privacy/publicity rights. These cases are fact-intensive so it is impossible to give you advice - give all the details to a local lawyer in your area who can then guide you accordingly.

Asker

Posted

Thank you so much for the advice.

Posted

I agree with my colleague. However, if the photo and caption do not violate any state law, and the person took the photo in a public place, then you may not have any recourse. What did the caption say? Sometimes a strongly worded letter from an attorney could get the job done.

If this Answer was of assistance please mark it as "helpful." Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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5 comments

Asker

Posted

The caption said something along the lines of (again I don't have a twitter so I can't pull up the post, but multiple friends have shown it to me) "This alien-looking ***** needs to shut up with her flat-chested ***" with a photo of my (fully clothed, but still a non-consensual photo, plus it was a tight shirt) breasts attached. The photo was taken of me in a class, so it was in a public place but if I can remember correctly, there was no one else in the photo but me. If it helps at all, I'm under 18.

Asker

Posted

Also, the person who posted the photo is on probation as well, if that helps too.

Brian C. Pascale

Brian C. Pascale

Posted

Unfortunately I do not think that this would rise to a level of cyberbullying. You can bring it to the attention of your school administration who may take issue with the person taking pictures of you while you are both supposed to be in class. I wish you the best of luck. Based on what you have already indicated, it is likely this person will end up in either jail or have a short existence on this earth. Please do not let some lowlife with no future interfere with your life.

Asker

Posted

Thank you. Several people have reported it to the VP so hopefully action will be taken against him. Also, hahaha! Thank you for confirming me of what I already know. 3 DUIs and he's only 16! One of the better lines I've ever come out of his mouth was "After my P.O stops dogging me we can drop some acid." He has a truly bright future ahead of him. Thank you for the time and advice!

Brian C. Pascale

Brian C. Pascale

Posted

My pleasure.

Posted

From your added information, you are under 18, and you reference a VP rather than a dean or administrator, so you are apparently in high school.

Some high school boys are colossal jerks, and that's on their good days. As you're clothed, it seems to be more of a school matter than a criminal or civil matter. Rather than leaving it to others, if you haven't seen the VP yet, you and your parents might choose to do exactly that.

As for what becomes of your photographer, anyone at 16 wishing his probation officer would get off his case so he could more freely do drugs, he's not wroth a lot of your worry time. It sounds like a toss up what happens with him first, but a cell or a Darwin Award seem to be equally reasonable front runners.

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Brian C. Pascale

Brian C. Pascale

Posted

Well said counselor.

Andrew Mark Jaffe

Andrew Mark Jaffe

Posted

I think asking the school to intervene is your best course of action.

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