Legal Question in Civil Rights Law in North Carolina

Personal Photos being posted on the internest without my permission.

My questions concerns photographs of my daughter that were taken in a 2-piece bikini and her ex-boyfriend is sending them over the internet. They lived together for 4 years and purchased a computer together. They broke off the relationship 6 months ago and he took the computer with him. These pictures were on the hard drive and he has continued to harass her by sending copies of these very private pictures to her and threatening to send them to others. She has copies of the ones he has sent to her at her place of employment. Is there any law that prohibits him from sending out these photos without her permission?


Asked on 1/14/03, 9:40 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Personal Photos being posted on the internest without my permission.

I do not know the absolute answer to your question. You (or your daughter) therefore may want to consult an attorney in your area. My hunch, however, is that your daughter has no claim or legal remedy in this situation. Many states, including North Carolina, have very little protection for this sort of thing. Some states would protect some "privacy" right, but I do not believe that applies in this context in NC. The only legal theory which seems to apply at all would be a civil action for infliction of emotional distress; this would not, however, limit his use of the photos. (This is of course reminiscent of the recent controversy in the Miss NC pageant; you may want to run a few searches on that story to see if there was any legal analysis given; I seem to recall that the federal judge ordered the photo-holder to provide the photos to the Court. This would not, however, necessarily prevent the holder from retaining a copy.)

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Answered on 1/15/03, 8:54 am


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