Legal Question in Civil Litigation in Canada

Posting graphic pictures on the net without consent

If you were passed out from drinking and someone photographed up your dress... then posted pictures on facebook and a porn site, is there anything that can be done through the legal system to sue or at least force the person to remove the pictures from the internet?


Asked on 1/22/08, 11:29 pm

2 Answers from Attorneys

Re: Posting graphic pictures on the net without consent

This is a difficult question to answer.

My friend Mr. Sarailis answered the question from a Quebec perspective. In the Province of Quebec, the right to "privacy" is protected in the Quebec Charter of Human Rights.

In many other provinces, however, there is no "right to privacy" against another individual. In Ontario, for example, it is still not established law whether you can sue someone for doing this.

Because of the inconsistency of law on privacy across Canada, you would have to consult a lawyer in your Province. However, be forewarned, I would not predict you would be successful.

The only real recourse may be to contact the social networking website and demand the removal of the photographs.

On a pragmatic level - don't get so drunk as to pass out. This, and worse, can happen.

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Answered on 1/28/08, 2:37 pm
Christian Sarailis Sarailis Avocats - Lawyers

Re: Posting graphic pictures on the net without consent

yes! The charters have sections regarding the right to image and reputation. Let me know if you need any assistance.

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Answered on 1/23/08, 12:16 am


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