SOmeone took my daughters picture of her face on posted it on a half naked body on instagram Can I go after instagram? for them

Asked over 1 year ago - Spokane, WA

I made a police report and the picture is down but my daghter still has to deal with the aftermath of this horrifying picture. Legally what can I do

Attorney answers (3)

  1. Marc John Randazza


    Contributor Level 13


    Lawyers agree

    Answered . Instagram? No. They would have immunity from suit for the acts of third parties. See 47 USC Section 230.

  2. Danan Gulick Margason

    Contributor Level 2


    Lawyers agree

    Answered . You have very few legal remedies available against Instagram, especially now that the image is removed. You may have a tort claim against the photographer and/or the person who edited the image. Whether this is practical depends on the harm that your daughter suffered.

  3. Michael Ryan Juarez

    Contributor Level 16


    Lawyers agree

    Answered . There are a couple of privacy torts that may be useful, like false light. U.S. privacy laws include a non-public person's right to privacy from publicity which puts them in a false light to the public; which is balanced against the First Amendment right of free speech. You should consult an attorney if you want to pursue this claim. However, ANY legal action is going to force your daughter to relive this experience. It may not be worth it, to her or monetarily.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more

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