What does the law say about posting on social media?
Asked by: Mr. Eduardo Hermiston Sr. | Last update: January 28, 2026Score: 4.6/5 (59 votes)
The law treats social media posts like any other speech, meaning you can face legal issues for threats, harassment, hate speech, defamation, copyright infringement, or revealing private info; you generally need consent to post photos of individuals (especially for commercial use), and nearly anything you post can be used as evidence in court, so think before you post. While free speech is fundamental, it doesn't protect illegal content or actions.
Can someone post you on social media without your permission?
If you discover that someone posted either photos or videos of you or your family on a social media site without your permission, the first thing to know is that it is illegal. Keep in mind that every platform has a different privacy policy, so the individual that posts may think they did nothing wrong.
What is illegal to post on social media?
The California legislature passed a law in 2008 which makes it illegal to post harmful information on the internet. Penal Code 653.2 states it is a crime to post about other people on the internet in a way that will cause them harm.
Can you sue someone for posting you on social media without permission?
If someone posts your photo or video without your permission, you can try to contact them and ask them to take it down if you know who they are. You can then pursue legal action if that person continues to refuse.
Can you press charges on someone for posting pictures of you?
Yes, you can often take legal action (press charges or sue) for someone posting pictures of you, especially if they are private, intimate, used commercially, or posted with false/harmful information, though it depends heavily on where the photo was taken (public vs. private) and how it's used, with remedies ranging from removal to financial damages under invasion of privacy, defamation, right of publicity, or specific revenge porn laws.
Can Your Social Media Posts Be Used Against You?
Can someone get in trouble for posting about you on social media?
Yes. You can be charged with a crime based on social media posts. While using social media is generally lawful, some posts can themselves be criminal—such as posts that distribute child sexual abuse material, unlawfully share intimate images, or make true threats to another individual.
Is posting about someone on social media harassment?
Cyberbullying includes sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can include sharing personal or private information about someone else causing embarrassment or humiliation. Some cyberbullying crosses the line into unlawful or criminal behavior.
What can I do if someone is posting pictures of me?
You may want to contact local law enforcement to see if it's illegal to post things like this in your state or country. If you want to pursue legal action, you may need a screenshot or other record of the post.
What is the most common thing people get sued for?
The most common things people sue for fall into categories like personal injury (especially car accidents), contract disputes, and property disputes, often stemming from negligence, failure to meet obligations, or harm caused by another's actions or faulty products, with workplace injuries, medical malpractice, and employment issues also being frequent.
What can I do if someone is slandering me on social media?
Sue for Defamation. While never to be undertaken lightly, suing is sometimes the only way to deal with defamation of character, especially if a cease and desist letter was ignored.
What is the 5 5 5 rule for social media?
The 5-5-5 rule in social media has two main interpretations: a content mix (5 valuable, 5 shared/curated, 5 promotional posts in a cycle to balance content) or a daily engagement tactic (liking 5 posts, commenting thoughtfully on 5 posts, and connecting with 5 accounts, all within 5 minutes) to boost visibility and relationships. Both versions emphasize balance and genuine interaction, preventing spam and building community by sharing diverse content or engaging actively with others.
What is not allowed to be posted on social media?
Please don't post comments or links to information that is offensive, illegal, abusive, profane, or defamatory.
Can you publish a picture of someone without their permission?
Yes, someone can post a picture of you without your permission, especially if it's taken in a public place, but it becomes illegal or a violation of privacy (invasion of privacy, defamation, right of publicity) if used offensively, commercially, or if it's a private image shared without consent (non-consensual pornography). You have recourse through platform reporting, legal action (like cease-and-desist letters or lawsuits), and DMCA takedowns, particularly for intimate images.
Can you press charges for someone exposing you?
Yes, you can often press charges or take legal action (civil lawsuits) for being exposed, depending on the type of exposure, with options like federal laws against sharing intimate images, state laws for harassment/doxxing, or defamation lawsuits for false information, all leading to potential criminal charges or financial damages, especially if harm, threats, or non-consensual sharing of private material occurs.
What is the hardest lawsuit to win?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
Is it worth suing someone for $500?
Suing for $500 can be "worth it" in small claims court, which is designed for smaller disputes and usually doesn't require a lawyer, but you must weigh filing/service fees (can be $20-$200+) and the opportunity cost of your time (prep, court) against the potential recovery; if your costs approach $500, it's often not financially sensible, but it might be worth it for principle or if the other party pays easily, says.
What are the three things you need for a lawsuit?
If you can prove the 3 elements of standing to sue, you have a valid legal claim.
- Injury in Fact. Injury in fact means that a person has suffered an actual injury. ...
- Causation. Causation means that the injury to the plaintiff was caused by the party that is being sued. ...
- Redressability.
Can I sue someone for posting a picture of me without my consent?
Yes, you can often sue someone for using your photo without permission, especially for commercial purposes or if it portrays you in a false light, under invasion of privacy, right of publicity, or copyright infringement claims, but success depends on the photo's use, location, and your state's laws; consulting a lawyer for specifics is best.
Can someone post a picture of me on social media without my consent?
Publishing images of you without your consent
If you took the photo, you usually own it. But, if you didn't take the photo but you are in it, someone could breach your rights (such as data protection or privacy rights) by posting it. This can be true even if you do not own the copyright to it.
Is it illegal to post about someone online?
There are Cases Where Exposing Personal Information Does Not Constitute a Crime. We previously mentioned that posting someone else's personal information, such as their name, on the internet or social media without permission can be a criminal act. However, not all acts of exposing personal information are criminal.
Can police do anything about social media harassment?
For the police, criminal harassment generally requires threats of violence. Those threats of violence need to be specific and against you. In addition, the police should get involved in cases of real-life stalking that is being combined with online stalking.
What can you get in trouble for posting on social media?
Below are five major categories of social media activity that can lead to legal trouble.
- Threats of Violence and Terroristic Threats. ...
- Cyberbullying, Harassment, and Stalking. ...
- Posting Evidence of Illegal Activities. ...
- Fraud, Scams, and Identity Theft. ...
- Hate Speech and Incitement to Violence.
What kind of proof do you need for harassment?
To prove harassment, you need a detailed log of incidents (dates, times, locations, what happened), supported by tangible evidence like emails, texts, photos, videos, and witness statements, plus documentation of your complaints and the harasser's responses, showing the conduct was unwelcome, severe/pervasive, and based on a protected characteristic (like sex, race, etc.). Medical records showing impact and formal reports to HR/police also significantly strengthen a case.
Can you go to jail for posting someone without permission?
But other states, like California, Florida, and Illinois, are "two-party consent" (or "all-party consent") states. In those states, you need everyone involved in a private conversation to consent to being recorded. Violating these laws could result in civil penalties or even criminal charges.
What is the 30 30 30 rule for social media?
The "30-30-30 rule" on social media refers to two different concepts: a trending health/fitness trend for weight loss (30g protein in first 30 mins of waking + 30 mins low-intensity exercise) and a content strategy for businesses, typically splitting posts into 30% brand-focused, 30% featuring others (curated/UGC), and 30% entertaining/educational, with an optional extra 10% for real-time engagement, according to this Shopify article, this YuDigify article, and this PD Marketing article. The health rule gained traction on TikTok, while the content strategy helps balance promotion with value and community building for brands, say UCLA Health and MASJax.