Massachusetts | Civil Litigation
Legal Question
Internet
Is it illegal for someone to post nude pictures of another person online without the consent of the subject of the picture?
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Legal Answer
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Read More Answered By: Gregory Lee |
Re: Internet Yes. It is a breach of the subject's privacy. In addition, Federal law requires certain certifications about proof of age and such that essentially require a release from the subject as well as proof that you knew the subject was over 18.
Some states may also regard this as criminal. I don't really know how Massachusetts stands on this, but I am sure that police and prosecutors could tell you this. If it's not criminal, the legislature should make it so, as a form of harassment. For one thing, it would be better than charging teens under child pornography statutes for "sexting" about other teens.
If you are the subject, and did not sign a release, you can and should file an action against the person distributing the images.
Caveat: if you provided the original nude photo, especially if you did so by electronic transmission, a judge might not be all that sympathetic to your claim that it shouldn't have been posted. For one thing, if you did so without properly reserving your copyrights, you may have put it into the public domain. |
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