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

Asked about 1 year ago - 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)

  1. Kevin H. Pate

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

  2. Oscar Michelen

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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.
  3. Brian C. Pascale

    Pro

    Contributor Level 19

    Answered . 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... more

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