Is it illegal to take a picture of someone and post it without their permission?

Asked by: Elijah Schmitt  |  Last update: March 17, 2025
Score: 4.5/5 (16 votes)

Every day, new photos are uploaded to social media websites, often without the explicit consent of everyone in those pictures. However, sharing photos of someone else becomes an illegal act when that person sent you the photo with the expectation it would remain private, and the photo was intimate or sexual in nature.

Is it legal to post a picture of someone without consent?

The sharing of intimate images or videos of someone without their consent violates their privacy and can cause harm. It can also be against the law.

Is it illegal to post a picture of a random person?

In California, it is generally legal for people to take photos of others in public spaces without their consent. However, posting these photos online to make fun of someone's medical condition could potentially constitute cyberbullying, harassment, or stalking, depending on the specific circumstances.

Do you need permission to publish a photo of someone?

What is a photo release consent form? You're welcome to take pictures of whatever you want, but you're not allowed to publish photos of people, places, or property without consent from the owner. That's where a photo release comes in.

What is it called when someone takes a picture of you without you knowing?

However, if the intent is that the subject is absolutely unaware of being photographed and does not even expect it, then such photography is secret photography, which is an extreme case of candid photography.

Can you sue if someone posts a video or photo of you without your consent?

35 related questions found

What is it called when someone posts your picture without permission?

You can stop a website's use of your image for three reasons: invasion of privacy, violation of right of publicity, or defamation. Invasion of Privacy.

What can I do if someone posts a picture of my child without permission?

Taking Down Posted Images
  1. Contact the website. If you notice someone else has posted a photograph of your child without your permission, immediately contact the website and ask about protocol for removing the photo. ...
  2. Request the publisher crop the photo. ...
  3. Seek a children's rights lawyer.

What to do if someone posted a picture of you without your permission on Facebook?

Facebook provides a number of ways for people to report imagery that they believe violates their privacy. The quickest way to report abuse is by using the Find Support or Report links located near the photo or video that you want to report.

Do you own the copyright if you take a photo of someone?

Generally, the author and initial copyright owner of a photograph is the person who “shoots” or “takes” the photo.

Is it illegal to take pictures of someone's text messages?

The Electronic Communications Privacy Act (ECPA) is a federal law that makes it a crime to access someone else's private communications without permission. It covers cell phones, computer use, email, social media accounts, and other types of electronic communications.

What to do if someone posted a picture of you without your permission on Instagram?

Report the post

After reporting a post, specially trained representatives from our Community Operations team will then review the image and remove it if it goes against our Community Standards. We then use photo-matching technology to help stop future attempts to share the image on Instagram, Facebook and Messenger.

Is it illegal to post a picture of someone without their permission in Canada?

In Canada, it is illegal (i.e. a criminal offence) for a person to knowingly publish, distribute, transmit, sell, make available, or advertise an intimate image of a person where the person in that image did not give their consent for it to be shared.

Is it legal to take a picture of someone's driver's license?

Ordinarily, yes. A person's driver license photo will usually be protected by state laws that prohibit unofficial uses by government entities, as well as use by private/commercial organizations. But, in an emergency situation, or if you are wanted by police, that photo can be plastered everywhere by the media.

Can you sue someone for posting a video of you without your permission?

You might successfully sue another party who has intruded on your expectation of privacy, such as shooting a video while you are at home or in another private setting where privacy is expected by every individual at the setting. Another party cannot shoot a video to use your name and likeness without your permission.

Is it illegal to take a picture of someone without their permission in Texas?

According to the Texas Penal Code Section 21.15 – Invasive Visual Recording makes it a crime for you to photograph, record, or transmit the following without consent: The intimate area of another individual, if they believed the public would not see that area. An image of someone in a bathroom or changing room.

How do you report someone for posting pictures of you on Instagram?

Report a post through Feed:
  1. Tap. above the post.
  2. Tap Report.
  3. Follow the on-screen instructions.

Can you take a picture of someone and post it without their consent?

Every day, new photos are uploaded to social media websites, often without the explicit consent of everyone in those pictures. However, sharing photos of someone else becomes an illegal act when that person sent you the photo with the expectation it would remain private, and the photo was intimate or sexual in nature.

Is taking a picture of a picture copyright infringement?

A photographer who takes pictures of copyrighted artwork without permission may have committed copyright infringement and may be liable to the owner of the artwork if the law's requirements are met.

Do you need permission to use a photo of someone?

Using a Photo Someone Else Took of You. A good rule of thumb to follow: when someone else takes a picture of you, ask for his or her permission before using it. Copyright laws dictate that whoever took the photo owns the photo.

Can I sue someone for posting a picture of me on social media?

You could bring a lawsuit by accusing the defendant of an invasion of privacy by appropriation of your likeness, a process known as right to publicity. This law allows you to control and profit from the commercial use of your image, name and persona or your identity.

What is it called when you post a picture without permission?

The Cybercrime Prevention Act of 2012 (Republic Act No. 10175) also comes into play when pictures are posted online without permission. Under this law, cyber libel and identity theft are punishable offenses.

Can you report someone for posting a photo of you on Facebook?

Tap the photo you want to report. in the top right. Tap Find Support or Report Photo. Select the option that best describes the issue and follow the on-screen instructions.

What to do if someone is posting pictures of you online?

We worked with the Cyber Civil Rights Initiative on this list of things you can do and organizations you can reach out to for support and advice.
  1. Document the post. You may need a record of the post if you decide to take further action. ...
  2. Report an Instagram post. ...
  3. Unfollow or block the person who posted it.

Is it illegal to take pictures of a minor without consent?

Your child has the same right to privacy as an adult does. No one can photograph or film your child in a location where he or she believes himself or herself to be alone, even if alone with his friends. For example, if the child is in a sandbox at a public park, a photographer can take his or her picture.

What is the Coppa Act?

COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age. Text of Rule.