Asked about 1 year ago - Mc Minnville, TN
Flagtheir is a guy on facebook that took a picture of some people and posted it on his page. The people he took the picture of were on private property on their front porch he took the photo from the road can he really do this and if so is there a bill currently being considered to stop this
By statute and common law Tennessee recognizes the right to publicity. You have a right to control the use of your image as it is a property interest. If your image is being used without your permission you should be able to have the image removed through court action. Consult a competent attorney in your area. Damages may be hard to determine unless you are a celebrity but still an injunction may be appropriate.
It is hard to see that there is any reasonable expectation of privacy on your front porch if it is visibile from public property. And posting has first amendment protections, so even a law would face constitutional challenge. It could be worth a try via Facebook or a letter, but who needs to stir up a nut who would post something like this.
I agree with my colleagues. I am not aware of any pending legislation that would necessarily prohibit this particular conduct as invasion of privacy.
However, some recently-proposed laws against internet harassment and cyber-bullying might address it, depending on the overall circumstances and intent of the photographer.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
