Law Against Posting Pictures Without Consent in NYS

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.

What Does the Law Say About Posting Pictures Without Consent?

The unconsented posting of pictures violates New York laws regarding privacy and image rights. These protections are embedded in:

  • New York Civil Rights Law Section 50: This law bans the unauthorized use of a person’s likeness for advertising/ trade purposes without written permission.
  • New York Civil Rights Law Section 51: This law allows individuals to sue for damages if their image has been used without their consent.
  • NYS Penal Law Section 245.15: Focuses on intentionally sharing explicit photos without consent for the purpose of harassing or causing injury to the victim. Makes it a crime to disseminate intimate images illegally, commonly known as “revenge porn.”

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.

Republic Act About Posting Pictures Without Consent

New York’s protections and what The Republic Act regarding unauthorized use of images covers:

  • Right to Publicity: Preventing unauthorized commercial use of one’s name, image, or likeness.
  • Privacy Protections: Combating the misuse of sharing sensitive imagery, which can lead to serious issues among families or in a personal life.

Federal and state laws frequently overlap, providing victims with various options for legal recourse.

Digital Millennium Copyright Act (DMCA)

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.

What If My Ex Distributes Intimate Images Without My Consent?

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:

  • Get the criminal charges going on the offender.
  • Get a restraining order to stop any further diffusion.
  • Seek damages for emotional distress and financial hardship through a civil lawsuit.

Is It Legal to Take a Picture of Someone Without Their Permission?

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:

  • Public Spaces: Take pictures but do not harass.
  • Private spaces: Must be permitted, particularly in homes, locker rooms or restrooms.
  • Commercial use: Requires express permission.

Examples of Posting Someone’s Photo Online Without Permission

  • A Friend or Family Member: Group shot without asking everyone’s permission to post and reveal intimate images during a family feud or child custody dispute.
  • A Stranger: Taking and posting pictures of someone in public without their knowledge.
  • An Event Venue or Bar: The Unauthorized Use of Products, merchandise, photos, etc.
  • Advertisements: Using someone’s image to sell a product without consent violates New York’s latch onto a person’s image laws.

What to Do If Someone Posts a Picture of You Online Without Your Permission?

Here’s what you can do to safeguard your rights:

  1. Reach Out to the Platform: Use built-in reporting tools on social media networks (Facebook, Instagram, or Twitter) to request the removal of content.
  2. Preserve the Evidence: Screenshots of the post and any comments or message threads.
  3. Send a Cease-and-Desist Letter: Ask the offender to take down the content.
  4. DMCA Guidelines for Copyrighted Images: File a Complaint
  5. Get Help: for NYS civil or criminal remedies, consult an attorney.

Can I Sue Someone for Posting a Picture of Me Without My Consent?

Yes, under New York law you can sue someone for unauthorized use of your image. You could then seek, depending on the context:

  • Injunctions: So they can’t share it anymore.
  • Compensatory Damages: Losses related to emotional distress or money lost.
  • Punitive Damages: For malicious or egregious actions taken on the part of the offender.

A qualified attorney will walk you through the process and protect your rights.

What Charges Will My Harasser Possibly Face?

Your harasser could be subject to criminal and civil penalties, depending on the nature of their actions.

  • Criminal Charges: These include unlawful dissemination of intimate images, pursuant to NYS Penal Law Section 245.15, which is often used in cases of “revenge porn.” Penalties under this law range from fines to up to a year in jail. Repeat offenders, or those who distribute images with malicious intent, could face harsher sentences, especially if the photographs are shared with the intention to inflict emotional distress, she said.
  • Civil Liability: Those injured may bring an action under New York Civil Rights Law Section 51 for damages. Damages can include lost wages, emotional distress, and damage to reputation from the harasser’s actions. Courts can also award punitive damages to prevent future violations.

Depending on the individual circumstances, there may also be other charges that apply, such as harassment, stalking, or invasion of privacy.

Get Help from the Levoritz Firm

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.

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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.

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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.