Can a person sue someone if they posted up nude pictures of them on the web?

Question

BTW no one has posted up any pics of me. I am just asking this because my best friend wants to do that to her ex, but I don't want her to get in any trouble.

Answer 1

That depends on who made the pictures.

In the U.S., whoever has the camera and snaps the photo, is the legal copyright owner of that picture and can do with it pretty much what he wants (he is not required to get the subject's permission to make copies or post them publicly, unless it's done for a commercial publication). If she made the photos but he ran off with them without her permission and uploaded them to a website, then he's committing copyright infringement and she could force the website to remove them and then sue him for damages. Regardless of the legalities of the issue, people just simply need to realize that if somebody photographs or videotapes you, you must assume that it may end up on the Internet for the entire world to see. If you're not comfortable with that possibility, then don't have intimate photos or videos taken of you, period. The court system is simply not designed to be a remedy for basic stupidity.

Answer 2

Unless she gave him the pics because if she did they are hs property now and he can do what he wants with them.

Answer 3

Yes, unless you gave them the pictures and therefore handed over all rights to them to do what they please with them. however, if they obtained these pictures without your consent (illegally) and posted them without your permission, then a lawsuit is definitely in order.

Answer 4

Sweetie,  don't ever ask for serious legal advice here. I mean these aren't lawyers answering...you're just getting a bunch of High School kids trying to sound smart.

That being said just because someone "has the pictures" does not mean they can "do what they want with them".

Photos are intelectual property, (like music) and just because you have a hard copy (or even the negative) of a photo that does NOT mean you have the right to publish it.  It's the same thing as "just because you paid $12 for the CD that does NOT give you the right to share the music file with everyone on the internet".

Second, to answer your question, yes your friend could be sued under the tort of "Intentional infliction of emotional distress (IIED)"

This is the Wikipedia page on it...gives a good summary, but IIED boils down to commiting an

Intentional or reckless act of

Extreme and outrageous conduct

In public

that causes

the victim to  suffer emotional distress

These cases are hard to prove in court, but posting nude pics would seem to meet all the standars. There could also be an invasion of privacy issue.

Damages would be hard to quantify... (Damages are the $$$ needed to "make him whole", or make up for the damage you caused."  ) However you would probably wind up settling out of court for a sum that would cover all HIS legal bills, plus some...and you'd have to pay your legal bills as well.

(So long College Savings....)

Also if the victim is under 18 you would be in violation of the child p**n laws, and they are serious.

Answer 5

posting anyone pictures online one can be subject to being sued without their permission.

it would be wise not to do such a thing

Answer 6

Give me the site and I will check it out.

Answer 7

Yes it is against the law

Answer 8

Sorry that this happened. How did this person obtain those pictures?

Either way no one can post any pictures of others without consent.

This is why Celebs sue the Press all the time.

Good Luck!

Remember, you have to have Proof of that person posting those pics,otherwise you can't do any thing.