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  #1  
Old 09-07-2009, 08:07 AM
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Red face

photo


I would like to know if it is legal in Indiana for someone to post my pictures on a website for the sole reason of ridicule. I am an obese woman who uses a mobility scooter and was foolish enough to go to a drive up window and have dearly paid the price. Not only was I humiliated on several websites, the perpetrators have harassed me to the point I am afraid to leave my house. Is there any recourse? The local police were not helpful at all. Can I sue? I am very ashamed and hurt over this, and antidepressants are no help either.


  #2  
Old 09-07-2009, 10:35 AM
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When out in public, one loses most reasonable rights to privacy. There is likely very little you can do. Even if you could somehow come down on the original "perpetrator", there is no possible way you could have all photos completely removed from all of the internet.
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  #3  
Old 09-12-2009, 07:24 AM
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Location: Michigan
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While I agree with The Occulist that you would probably have a hard time with any invasion of privacy action, because the photographs were taken in a public place, you could potentially have an action under the tort of intentional infliction of emotional distress (and an invasion of privacy/false light action may not be out of the question, depending on how the photos are displayed).

A case to review for the intentional infliction of emotional distress claim is Muratore v M/S Scotia Prince.

When the conduct of a photographer is such that it exceeds the boundaries of public decency, and when the conduct is designed to cause harm, then an action may be possible under this tort.

In addition, if there is text published along with the photographs on the website, these could be reviewed for the possible false light action and/or a defamation suit.

I suggest you consult with an attorney and have the attorney review the online photos. The attorney can give you a better idea whether you have any legal recourse possible against the photographers and, if so, whether legal action would be worth pursuing. At the very least, the attorney can advise you on if or how you can get the offending material off the website.

Good luck.

Last edited by quincy; 09-12-2009 at 07:27 AM.
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