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Ex-Boyfriend posted semi nude photos. Any recourse?

Montclair, NJ |

A married cousin of mine had confided that she had an affair back in 2005. Recently she found out from a common friend that a semi-clothed photo of hers has been posted on her ex-boyfriend's facebook page. Although he concealed the photo to make it look like a negative, a friend of hers was able to reverse the effect and therefore able to know it was my cousin. The photo was taken with her consent using the ex-boyfriend's camera. Do my cousin have any legal recourse? Is there a way to stop him from posting such photos? Can he be stopped from sending compromising photos of her with him to her husband? She has been told nothing can be done as long it is not being used for profit and since he tried to concealed her identity there's no intent to defame her, is that right?

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Attorney answers 4

Best Answer
Posted

It would not be defamation any way. Defamation is a false statement of fact that damages a person's reputation and the person can show their damages to the court. If he is putting false text with the photo it may be defamation or false light again, she has to prove damages. But there is no falsity here. it is in fact her. Also, she gave consent to the photo and let him keep the negative/digital. She will have a very tough time in court because it will be he said/she said. Also, she would have to show the court she suffered damages i.e., economic damages she hopes to recover. If he tries to profit from it, she can take action. She can also report it to Facebook, but they may not remove, and she can not force them. You can not do anything for her, only she has the legal standing to do anything. She can always have a local lawyer send him a legal letter, but he is not obligated to comply.

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Posted

Your cousin should contact FB through their customer service site and if the picture is "racy" enough, they will remove it.

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Posted

I would check with a lawyer near you - I think there was a recent law passed that may give you recourse for unauthorized posting of photographs.

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Posted

First thing you should do is ask the website to take down the photo.
Second thing you should do is ask the ex boyfriend to take down the photo AND let him know that under NJ law he has committed a crime, specifically, he has violated NJSA 2C:14-9. Invasion of privacy, degree of crime; defenses, privileges, subsection "c". Further under NJ civil law, which provides the highest degree of privacy in the nation, there is a claim against him for disclosure of private facts because for a claim of disclosure of private facts one had to prove the following elements, “(1) public disclosure (2) of a private fact (3) offensive to a reasonable person; and (4) not a legitimate public concern.”

If notice he is given does not result in the photo being taken down, the court's will make him do so by court order. I would suggest that you have an attorney do this filing to have it done correctly.

The comments above are for informational purposes only and not intended as legal advice to be relied upon in any way This is so particularly because different factors and details unknown to the attorney at this time could materially change these comments.

Asker

Posted

After contacting a lawyer she was told that the above violation does not apply to the said photo posted.