By John Smith in How to divorce amicably | How to prepare for divorce | New York City child custody appeal | on 2025-01-12 03:55:01
It is not uncommon for ex-partners to use private pictures to harass their ex-lovers during divorce. Fortunately, New York State (NYS) has laws against posting pictures without consent to prohibit non-consensual image dissemination like Civil Rights Law Sections 50 and 51 or Penal Law Section 245.15.
Victims are allowed to sue for damages and seek injunctive relief. The penalties are substantial, and violators can be fined and/or put in jail, giving these victims strong protection against malicious image sharing.
The unconsented posting of pictures violates New York laws regarding privacy and image rights. These protections are embedded in:
The Laws allow for both criminal and civil remedies to protect people from this sort of thing. State and Federal Laws provide a strong framework for privacy protection and unlawful image disclosures.
New York’s protections and what The Republic Act regarding unauthorized use of images covers:
Federal and state laws frequently overlap, providing victims with various options for legal recourse.
The Digital Millennium Copyright Act or DMCA is a federal law that allows individuals to protect themselves from their copyrighted materials being used without permission on the Internet. Under the DMCA, individuals can send “take-down” notices to online platforms to remove images or content that they believe violate their copyrights. These notices must be complied with immediately by social media platforms like Facebook, Instagram, and YouTube.
Through the DMCA, victims can lift the digital veil on their digital identity when their pictures have not been shared with their consent. Platforms also usually have built-in tools that allow users to report such violations in order to facilitate the removal of offending content.
The DMCA provides grounds not only to remove content but also to establish a legal framework to hold violators accountable. In incidents of repeated actions, platforms may apply punishment measures such as account suspension or termination.
It is a crime in New York State to distribute intimate images without the consent of the people in them. The law that corresponds with this is Penal Law Section 245.15, which outlaws sharing explicit images to harass, humiliate, or intimidate someone. Victims of this behavior can:
It depends on the context. Photography in public spaces is generally legal in New York as there is no reasonable expectation of privacy there. But photographing in private settings or using/threatening to use them for exploitative means without consent has the potential to breach privacy laws. For instance:
Here’s what you can do to safeguard your rights:
Yes, under New York law you can sue someone for unauthorized use of your image. You could then seek, depending on the context:
A qualified attorney will walk you through the process and protect your rights.
Your harasser could be subject to criminal and civil penalties, depending on the nature of their actions.
Depending on the individual circumstances, there may also be other charges that apply, such as harassment, stalking, or invasion of privacy.
If you are in the middle of a custody litigation or divorce in NYC and have been harrassed by your ex-partner through pictures without your consent, at the Levoritz Law Firm we specialize in protecting your rights. Our team of experienced lawyers will work with you to find the best legal solution to protect your privacy and hold any offenders accountable. Contact us now at (718) 942-4004 for a consultation.
Meet Yonatan Levoritz, the founder of Levoritz Law Firm, recognized for his exceptional skill in family law, his compassionate manner, and his commitment to achieving favorable outcomes for his clients. Yonatan Levoritz has a long record of winning challenging and complex cases.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, Yonatan Lavoritz who has more than 20 years of legal experience as a divorce & family attorney.