Naked pictures posted on social site

Discussion in 'Internet & Social Media Law' started by mepacip, Aug 11, 2011.

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  1. mepacip

    mepacip Law Topic Starter New Member

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    About a year and a half ago I let a guy I was seeing take some nude photos of me. An ex friend of mine also ended up seeing this same guy and out of malice somehow accessed the photos without his knowledge (so he claims) and gave them to her niece to post them on Facebook calling me derogatory names in the process. At the moment we think that she accessed the pictures and took pictures of them with her camera phone because he claims he still has the originals and they were never missing to his knowledge. I was unable to report the pictures to facebook because she soon blocked me from her page on facebook after threatening to put up more pictures (you cant report content that you dont have access to on FB). I've tried calling their headquarters and leaving a message also, but have gotten no response as of yet. I already made a police report and gave names of all involved parties; the officer did get to see the photos himself before she blocked me from her page, so law enforcement knows that this indeed did occur. Do i have a case? How should I proceed?
     
  2. mightymoose

    mightymoose Well-Known Member

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    That consent pretty much prevents you from taking any kind of action. Unless someone is demanding money or blackmailing you somehow there just isn't an argument to make.

    That said- if the photos were put on Facebook it would violate their usage terms. Even without you reporting them, they would likely be removed promptly. You can continue to try to get Facebook to take action, but that won't stop them from posting the photos somewhere else, and then you have to start all over.

    Did the officer write a report? Did he give you a case number? If so, was it listed as a crime? If so, which one?

    I don't believe there is much more for you to do. If the police report goes anywhere then maybe there is something to all of this- otherwise, since the photos were taken with your consent, and since you aren't being blackmailed, it seems the best you can do is ignore them and move on with your life.
     
  3. mepacip

    mepacip Law Topic Starter New Member

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    Yes, the police filed the report and are trying to get an address on this individual because she is in another town with family at the moment. I was informed that it would need to be decided whether to treat this as a harassment case or something bigger.
     
  4. mepacip

    mepacip Law Topic Starter New Member

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    I was also informed just recently that if he had been the one to post the pics I wouldn't have a case because the pics would be considered a gift. But since these pics were stolen from him, not given by his consent and the individual who posted the pics wasn't the person who I consented to take the pics for, this individual did break the law in posting the nude pics of me.
     
  5. mightymoose

    mightymoose Well-Known Member

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    Not necessarily.
    If something was stolen from your ex then he is the victim of a crime, not you.
     
  6. army judge

    army judge Super Moderator

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    The lesson here is not what to do AFTER nude pictures of you appear on Facebook (or anywhere, for that matter), but to refuse to permit anyone to take nude photos of yourself!

    Come on, you can't prove what you can't see.

    That said, how do you know which individual posted the pictures? You don't. But, even if you did, you no longer own the pictures.


    The person that you allowed to take the pictures owns them. That is why a smart person doesn't give anyone permission to take nude pictures of themselves. These kinds of pictures are like roaches, they end up in the filthiest places.





    You have no case against anyone. You do not own the pictures. The pervert who took the pictures (with your permission) owns the pictures. Thus, he can do whatever he wishes with them, absent a contract to the contrary!
     
  7. Disabled Vet

    Disabled Vet New Member

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    What if these photo's have copy rights?
     
  8. mightymoose

    mightymoose Well-Known Member

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    They don't... but if they did we wouldn't be talking about privacy or defamation, it would be all about copyright laws.

    Consent is the key here, and she gave it. Case closed- she has no control over what happens with those photos. Absent some kind of threats/blackmail there is simply nothing to do.
     
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