Legal Question in Technology Law in California
Is it legzl to post an ex significant others picture on the internet
There are a lot of ''rate my picture'' type web sites on the internet. Is is legal to post an ex boyfriend, or girlfriends picture on one of those sites without their permission? Is the website responsible if the person putting the picture on signs a waiver saying permission was given?
2 Answers from Attorneys
Re: Is it legzl to post an ex significant others picture on the internet
The issue would probably not be "legal" vs. "illegal;" more likely, the question you would face is "liable" versus "not liable."
This is to say, merely posting someone else's picture on the Web is not something that is expressly outlawed, at least not in most jurisdictions. (Who knows how the laws of Outer Mongolia or Saudi Arabia might regard posting a picture of a female -- and whether those countries would assert jurisdiction?).
If the lady (or gent) in question took offense at the posting, (s)he could, perhaps, sue you, claiming some invasion-of-privacy tort theory. Depending upon the circumstances, the theory could be libel, public exposure of private facts, commercial exploitation, or one or two others. She would have a problem, I think, marshaling enough facts to establish all the elements of a defamation or privacy tort, including damages.
So, the bottom line is, you wouldn't go to jail but if the person whose picture is published gets sufficiently upset, you might have to defend a lawsuit. You'd probably win the suit unless your posting was exceptionally outrageous and malicious. But why set yourself up to have to defend a suit in the first place?
Re: Is it legal to post an ex significant others picture on the internet
Get a life