Legal Question in Technology Law in Florida

Unlawful use of pictures on the internet

I would like to know if it is legal for someone to post a picture of me in a derogoatory e-mail to several people without my consent. The said e-mail contained several false statements pertaining to my credability and dignity.

Thank you,

Asked on 3/07/05, 5:59 pm

1 Answer from Attorneys

Richard Vaughan Law Offices of Richard Vaughan, Esq.

Re: Unlawful use of pictures on the internet

DISCLAIMER: Do not rely on the following as legal advice. No attorney-client relationship is created by this communication and no reasonable expectation of attorney-client privilege can be attached. Seek advice of a qualified and licensed legal professional in your area.

That being said, the short answer is: "It all depends."

More facts are needed to let you know whether the posting was a Constitutionally- protected expression of opinion, or an actionable cause. Some factors are: whether you are a public figure or a private figure (actors, publicists and politicians are common examples of public figures). If that is the case, you would have to show the untruthfulness of their statements, with malice or wreckless disregard for the truth. Even truthful statements can be basis for a complaint if they reveal certain private facts. If you are a private individual, you will face less of a challenge in getting your case to court, because the standard is less strict.

Can you provide more details, without causing undue embarrassment?


Richard Vaughan, Esq.

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Answered on 3/08/05, 10:35 pm

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