A
male
age
36-40,
anonymous
writes:Hi. I'm new, here.Last week, I have had a photograph of me with a female friend. I thought she would NOT post the photograph on the internet. However, just yesterday, I check her Facebook, just to see her photo album, as she mentionned a neat sounding trip in conversation. However, I stumbled upon the photograph of me and her! Should I press charges, for uploading the photo WITHOUT my permission? I feel like my rights have been violated. Thanks, in advance.- Chuck.
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male
reader, anonymous, writes (13 April 2012): Ok.
Well, at the moment, she's mad as a hornet, because the photo has been removed, and she seems to have been attached to showing it on the web. I couldn't say anything to her, yet, as I don't feel ready, yet. She's very angry.
A
female
reader, person12345  +, writes (13 April 2012):
 You're acting a bit like this woman murdered your dog. Is there some reason you can't simply say you are uncomfortable with it? Why are you wanting to go through every possible third party and even wanting to call the police over a photo of you in a public place?
OP I hate to break it to you, but probably almost every time you go out you're on someone's camera. Security cameras, random people taking photos of other things, there's no escaping it. If it was illegal to take photos of other people without their consent, almost every person on the planet with a camera would be in jail and all forms of news media would be out of business.
Facebook cannot do anything because she has not violated their rules by posting the photo. The police cannot do anything because she hasn't broken the law. She has simply done something that is not what you were expecting, that doesn't mean she's actually done something wrong. You need to just talk to her. She isn't going to bite.
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A
reader, anonymous, writes (12 April 2012): "Ok. I thought I could press charges for a criminal offense or something. I had to report the photo. I don't know if she will be notified, that the photo has been photo, though?"
Why didn't you just ask her to take it down, what's so scary about this girl?
For the record OP you can't charge a person for having a picture of you and posting it on Facebook. Otherwise Paparazzi wouldn't exist. People are allowed to take pictures of you in public places.
Only use of your image for commercial gain is something you can sue for but not on Facebook because they have their arses covered for that.
http://en.wikipedia.org/wiki/Personality_rights
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A
male
reader, CaringGuy  +, writes (12 April 2012):
I doubt there's anything you can do. If it's not pornographic, and if you did not outright say to her that it wasn't for the internet, then you can't say anything. Moreover, I'm pretty sure that in the smallprint of facebook, it says that whatever you upload becomes the property of facebook - therefore if you're that unhappy you might have to go to them. And again, if there's nothing wrong with it, then there's nothing you can do.
Hence why I dislike Facebook.
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A
female
reader, person12345 +, writes (12 April 2012):
She won't be notified for reporting it and unless there's pornographic material Facebook probably won't take it down. Have you tried just talking to her directly? Just send her a message, "Hi I'm really uncomfortable having my photo on the internet for everyone to see, would you mind taking it down please? Thanks!"
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A
male
reader, anonymous, writes (12 April 2012): Ok. I thought I could press charges for a criminal offense or something. I had to report the photo. I don't know if she will be notified, that the photo has been photo, though?
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A
female
reader, person12345 +, writes (12 April 2012):
"Why do some sites ask if you have a model release form? Seems to me that it sounds that they want to avoid legal action. Therefore, it seems logical that I'd have some legal ground against her."
It's a completely different scenario to profit off a photo of someone than to put it on facebook. Even the rules there are a little fuzzy in that you can profit off a photo of someone that they didn't consent to having taken, so long as it doesn't affiliate that person with a product. i.e. news does not need consent, a soda ad does.
You need to just ask her to take it down.
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A
male
reader, anonymous, writes (12 April 2012): Why do some sites ask if you have a model release form? Seems to me that it sounds that they want to avoid legal action. Therefore, it seems logical that I'd have some legal ground against her.
-Chuck.
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A
female
reader, Honeypie +, writes (12 April 2012):
 Tell her nicely to take the picture down. If she doesn't contact Facebook and they will do it for you.
Why so sue-happy?
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A
female
reader, shrodingerscat +, writes (12 April 2012):
 If she won't take them down, contact Facebook's moderators and ask them to help you.
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A
female
reader, So_Very_Confused +, writes (12 April 2012):
 I do not think you can press charges against her.
you could ask her to take it down if it bothers you that much...
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A
female
reader, Foot-In-My-Mouth  +, writes (12 April 2012):
 Lawyer here! No, it's not a violation of law but one of trust (and not a criminal breach of trust anyway) so it's not actionable. I fail to understand why you're getting so worked up about it. Call her and request her to remove it. It looks like you're itching for a lawsuit but you don't have a valid cause of action. Calm down! Deep breathing will help!! :)
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A
female
reader, dmartin89 +, writes (12 April 2012):
 No...you just ask her to take it down.
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A
female
reader, r_a_w_r1645 +, writes (12 April 2012):
 i dont think you should. it just seems like a stupid idea/reason too. just talk to her about it. your a man...no ones going to hurt you. dont worry about your picture being on the internet.
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A
female
reader, person12345 +, writes (12 April 2012):
I dabble in photography for extra money so I do know a bit about the legality of this, at least in the US. If it is her picture, she can legally do whatever she likes with it. Unless you took the photo, you have no legal rights over it even if you are in it. Unless she is making money off the photo, she can post photos on the internet of whomever she likes. So no, you have no legal grounds on this whatsoever.
Even if you could take legal charges, suing someone over a photo of you two seems at the very least way way way over the top. Just tell her, nicely, that you don't want that photo online.
It seems really extreme to be talking legal charges over a vacation photo... Was there something in it that is infringing on your life or otherwise worthy of legal action?
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A
female
reader, Shadow Rose +, writes (12 April 2012):
 I don't really think it's a violation of the law. Just a violation of trust.
But perhaps she just forgot you had asked. Just ask her to take it down, I'm sure she will.
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A
male
reader, anonymous, writes (12 April 2012): Oh, I definately told her in person that I never wanted my photos published on the internet. I think that makes it a violation of the law.
And, this isn't the first time this happened to me.
-Chuck.
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A
female
reader, jewlstep4174 +, writes (12 April 2012):
 If she is a friend. You should be able to just call her and tell her to remove it. Suing her or contacting a lawyer is drastic and try talking to her and see how that goes. If she doesn't want to get rid of it. She can always hide it in her settings to only her as a viewer then noone else would see it. Good luck.
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A
female
reader, anonymous, writes (12 April 2012): Just ask her nicely to take it down. Tell her you don't want photos of yourself on the internet. If she's your friend, she'll respect that. Don't press charges, that's too extreme. Not only that, you would lose her as a friend.
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A
reader, anonymous, writes (12 April 2012): There is a report button on Facebook where you can ask for the photo to be removed try that.
Is there any particular reason you don't want it on Facebook,usually when one of my friends take a photo I automaticly assume it going on Facebook!
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female
reader, Tisha-1 +, writes (12 April 2012):
 Most people in this situation just ask the person in question to take it off FB. You can also report the photo as being inappropriate by using the little icons around the photo. Pressing charges seems to be a bit drastic if you haven't tried simply asking her to remove it.
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A
female
reader, Aunty BimBim  +, writes (12 April 2012):
 You can ask her to remove the picture, I am not legally trained but I doubt you could sue over this, but you could have a lawyer send a firmly worded letter. Be aware if you start talking about violations of rights and threaten to sue her the friendship will probably be over .... take the gentle, non confronting road and try a friendly request instead.
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A
female
reader, Moo's Mum  +, writes (12 April 2012):
 Chuck I understand where you are coming from here but unfortunately since you only assumed she would not put it on and didn't expressly say not to I'm not sure what your chances would be on suing her. I think the best course of action would be to ask her to remove it immediately. Your post highlights my thoughts on FB. I think it's dangerous. People put too much personal stuff on there it's crazy.
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