Whatare my rightsif a nude photo of me was taken of me in the privacy of my home and posted without my consent?
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Whatare my rightsif a nude photo of me was taken of me in the privacy of my home and posted without my consent?
My ex-boyfriend took a photograph of my nude body without my consent, than posted to 2 online websites. My face luckily is not in the frame, however, it is still my body. It taken in the privacy of my bedroom. I am a professional and this can certainly do harm to my career. I printed screenshots of the photo on the website and brought them to the police station to file a police report. I contacted the website 2 days ago to remove the photo and they still have not removed it. What can I do to have justice in this situation? Can I sue him for invasion of privacy? What about the website?
Asked on December 26, 2011 under Personal Injury, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You could sue your ex-boyfriend for invasion of privacy. You could also sue the website for invasion of privacy.
Your ex-boyfriend would be liable for invasion of privacy because invasion of privacy is an unconsented and unprivileged invasion of your physical seclusion which occurred since the photos were taken in your house without your consent.
Another type of invasion of privacy is the misappropriation of your name or likeness for commercial purposes. The website's liability would be based on misappropriation of your likeness for commercial purposes which would be the nude photos that have been posted.
You would file one lawsuit naming both your ex-boyfriend and the website as defendants
Your damages (the amount of compensation you would be seeking in your lawsuit) would be general damages based on mental distress, harm to your social or business interests, and if applicable, physical illness.
Punitive damages which are a substantial amount separate from general damages would be applicable against your ex-boyfriend based on a wrongful motive for posting the photos. Punitive damages are warranted when there are intentional, malicious acts.
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