Can Someone Post a Picture of me on the Internet Without Permission?

Generally, your permission would be required before someone else can publish a photo of you, provided that the image was taken in a private place, or if you are the person who originally took the image. There are however a number of different scenarios in which images can end up online, and in each case, the circumstances and the action you can take are different. 

 

Image Taken in Public Place?

If an image has been taken of you in a public place, such as in the street or at a public event like a carnival or festival, in a shop or in the public areas of a hotel, nightclub or restaurant, you do not have any control over whether that image is published online. 

This is because when you are in a public place, you cannot claim to have any reasonable expectation of privacy and so there is no basis for you to object to a third party taking images of you. 

 

Image Taken by You?

If you were the creator of an image which has been shared by other people without your consent, you could have a claim for breach of copyright. This applies whether you took the image of yourself (a selfie) or whether you took the image of someone else. 

If the image is of a private sexual nature you shared with a third party on the understanding that it was not to be shared with anyone else, then if that image is then shared with others, this is classed as "image based abuse" which used to be known as "revenge porn". 

If a private sexual image of you has been shared without your consent, you should report the matter to the police, as this has been a criminal offence since 2015. We can also help you bring a claim for compensation against the person who has shared your image and take steps to help you have the private images removed from online publication.

 

Image Taken of You by Someone Else?

If an image has been taken of you in a private place without your consent, you could have a claim for breach of privacy. If those images are then shared online or with third parties, you could have a claim for image based abuse, if the images are of a private sexual nature.

A groundbreaking case decided in 2023 saw a victim awarded nearly £100k after her ex published film of her he had captured using a camera hidden in their bathroom. Clearly the victim was able to argue that she had a reasonable expectation of privacy in those circumstances. 

Other examples of these cases would be photographs of you taken inside your own home, in hospital, or in private spaces such as toilets or changing rooms. 

If these types of images are published online, you could have a claim for breach of privacy, and/or harassment and we can help you recover compensation in these circumstances. In many such cases, the publication of private images is part of an ongoing campaign of harassment. 

 

What is someone has published an image without permission?

If an image of you has been published online without your permission, there will often be steps you can take to have the images removed. However, the first step is to establish all of the facts of the case, including whether the images were taken of you in private or public, and with your consent or not. We would then be able to advise you what type of claim would be most appropriate for you. 

Samuels Solicitors LLP have a long history of helping clients with reputation management matters, including dealing sensitively and confidentially with image based abuse. Contact one of our expert solicitors for a free discussion today.