Why do People Post Private Photos Online?
Particularly, one of the risks presented by the freedom to upload nearly any image to these sites is that a malicious individual will upload private pictures that were never intended for public consumption. In some cases people may take this action because they are jealous of the person pictured. In other cases, anger and jealousy follow a failed relationship or difficult break-up can result in the posting of the photos. In some cases, hackers and other individuals may attempt to hack or socially engineer accounts and then post sensitive photos online simply for the trill of it. Regardless of the exact reasons behind the breach of your privacy, you do have removal options.
What if My Sexually Explicit Images Were Posted on Social Networking Sites?
If you naked pictures or other suggestive or explicit photos were posted online, working with an experienced Internet defamation lawyer can help secure their rapid removal. Many major social networking sites will work with a lawyer who can show that the photo was posted without authorization. In other cases the image may be in violation of a sites terms of service (TOS). Likewise, many sites – even those supposedly dedicated to protecting users from supposed cheaters and other alleged behaviors – will be receptive to removal requests for explicit photos. However, it is important that the request is accompanied by sufficient evidence and grounds for removal the first time. Failure to include this information will delay the removal process.
Who Can I hold Liable for the Unauthorized Posting of My Nude Photos?
Many people contact our firm shocked and angry that their images were posted online. They often want to know who they can hold liable for the posting. Many times they ask if they can sue the social media website along with the actual poster of the photos.
While it is certainly possible to sue the poster of the images, it often takes work to uncover their identity. In many cases the user may make use of “throwaway” accounts to post the offending media. However, through John Doe or Jane Doe lawsuits, an experienced lawyer can often secure a court order requiring the website to turn over the IP address of the poster. From there, the IP address can be linked through similar action with the relevant Internet service provider (ISP).
However, you cannot sue the user-generated content platform where the content was posted. The actual website receives protection through provisions in Section 230 of the Communications Decency Act. Those who fail to realize this fact are often the target of a counterclaim.
What if My Private Photos Were Posted as Revenge Porn or I was Under 18?
If you live in a state where revenge porn has been criminalized, you are also the victim of a crime. Many states have enacted laws against the posting of private photos online. Other states have anti-cyberbullying statutes that may be applicable. Likewise, if the photos taken depict you before the age of 18 you are also the victim of a crime. Either scenario should make removal extremely more likely, but due to potential criminal proceedings against the posting party you should work with a lawyer. A lawyer can ensure that evidence is forwarded to the appropriate law enforcement authorities and that the offending party is held financially liable for their actions.
Put Experienced Internet Defamation Lawyers to Work for You
Aside from the shock and embarrassment of having private photos posted online for the world to see, the breach of trust can also cause immense personal anguish. Furthermore, the victim of the posting may fear the repercussions the image will have on relationships with friends and family and their career. However, Internet defamation removal attorneys can work to take swift action so that the images are removed. If you are the victim of the disclosure of naked photos online, contact Meyers Roman Friedberg & Lewis, LPA today by calling (216) 831-0042.