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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

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. 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 This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

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