Legal Question in Technology Law in New York

The Laws of the Internet and our rights as web users

My question concerns the legality of obtaining someones picture and placing them on a web site where false information is being displayed about the person who's picture is posted. The comments are never flattering, which leads me to believe this is slander and defamation. Are all pictures sent out online considered public information? Does another internet user have the right to post another persons picture with incorrect information, without his or her permission? What if the domain is owned by the user posting the pictures? What legal actions need to be taken to get the pictures off the web site and have the entire site shut down? Thanks.


Asked on 10/10/03, 10:07 am

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

These are copyright as well as liable and slander questions

The question regarding liable and slander is whether the poster knew or should have known of the falsity of the statements. Merely unflattering statements are not punishable as they are opinion (i.e. whether a person looks nice or not). Additional questions exist if the person is a public figure (politician, actor etc.) which effect the evaluation of the statements claimed as slanderous.

If the picture is copyrighted by registering it, (either before or after the posting) the copyright holder has complete control over the use.

You would have to resolve the DNS and then file for an injunction in the appropriate federal or state court to have the site closed or force them to discontinue use of the picture and/or the statements.

These statements are my opinion not a legal opinion and no attorney client relationship is established without a written agreement.

BunjiFromartz @ FromartzLaw.com

718 855 7675

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Answered on 10/10/03, 3:55 pm


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