Online Libel

[KarynSmith]

What is the name of your state? Texas

If a photo that I took, of me, and posted on a private account is screenshotted and posted on a public account (without my permission), and used to slander, harass, and defame me, are there any legal actions I can take? The social media site isn't removing it due to backup from COVID-19.

Thanks!

 

[Taxing Matters]

What is the name of your state? Texas

If a photo that I took, of me, and posted on a private account is screenshotted and posted on a public account (without my permission), and used to slander, harass, and defame me, are there any legal actions I can take? The social media site isn't removing it due to backup from COVID-19.

The photo itself is not defamatory (libel is a form of defamation). You took it and posted it. Thus it is not a false statement of fact made about you by others that harms your reputation. However, you took the photo and thus hold the copyright in the photo. So you might have a copyright infringement claim here for the use of the photo.

Perhaps the comments made about you that they put up with the photo are defamatory, but not knowing what those statements are, I cannot say if there might be a good defamation claim.

You might want to see a lawyer in your state familiar with copyright and defamation law to see if you would have anything worth pursuing out of this.

 

[quincy]

What is the name of your state? Texas

If a photo that I took, of me, and posted on a private account is screenshotted and posted on a public account (without my permission), and used to slander, harass, and defame me, are there any legal actions I can take? The social media site isn't removing it due to backup from COVID-19.

Thanks!

If you are the photographer/copyright holder, you can file a DMCA takedown notice to have the photo removed.

https://www.dmlp.org/legal-guide/protecting-your-copyrighted-work-online

https://www.uspto.gov/sites/default/files/documents/DMCA_Good_Bad_and_Situational_Practices_Document-FINAL.pdf

If the photo was altered or false comments were made about you, you potentially have a defamation claim to pursue. You would need to have what was published about you personally reviewed to determine if any legal action has merit.

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.73.htm

 

[FlyingRon]

You need to be very careful about is meant by "private account." Many sites, such as facebook, while they have "private" areas are still covered by a single terms of use agreement that grants license for your material to be used. Just had a case decision where a professional photographer put stuff on her Instagram page to have it "sublicensed" to another site without compensation.

You can try an DMCA in such instances, but it may not work.

(I had to edit the above post. Damned autocorrect doesn't know "sublicense."

 

[quincy]

Comments made about Karyn, if defamatory, would no doubt be a stronger legal action to pursue than copyright infringement anyway, unless the photograph was registered prior to infringement.

As a note, if the recipient of a DMCA takedown notice wants to take advantage of the DMCA’s safe harbor provision, they do not have an unlimited amount of time to respond to a copyright holder’s notice (although “expeditious removal” is vague enough to allow for infringed material to remain in place for quite awhile before removal).

 

[zddoodah]

If a photo that I took, of me, and posted on a private account is screenshotted and posted on a public account (without my permission), and used to slander, harass, and defame me, are there any legal actions I can take?

Yes, although I have to wonder how a selfie could be used to defame/libel you (if it happens on the internet, it's not slander). Care to elaborate what happened?

For starters, you could sue for infringement of your copyright in your photo. You'd want to register the copyright ASAP after the infringement is discovered so that you might have the option of seeking statutory damages and attorneys' fees. By your use of the words "defame" and "slander" (and, in the subject header of your post, "libel"), I assume you already know that you could sue for defamation. Without more details about what happened, I can't opine in any way about the likelihood of you having any sort of viable claim.

Also, you should assume that NOTHING you do on the internet is private.

 

[quincy]

Yes, although I have to wonder how a selfie could be used to defame/libel you (if it happens on the internet, it's not slander). Care to elaborate what happened?

For starters, you could sue for infringement of your copyright in your photo. You'd want to register the copyright ASAP after the infringement is discovered so that you might have the option of seeking statutory damages and attorneys' fees. By your use of the words "defame" and "slander" (and, in the subject header of your post, "libel"), I assume you already know that you could sue for defamation. Without more details about what happened, I can't opine in any way about the likelihood of you having any sort of viable claim.

Also, you should assume that NOTHING you do on the internet is private.

The copyright in the photo would need to have been registered before infringement or within 3 months of publication of the photo to be eligible for statutory damages ($750-$30,000 per infringed work).

Otherwise the copyright holder would have to show actual damages (demonstrable dollar amount of losses suffered as a result of the infringement) or profits (money lost by copyright holder or money made by infringer as a result of the infringement).

Although a DMCA takedown notice can be used by the copyright holder to have copyright-protected material removed from its online location, if a counternotice is filed claiming the publication did not infringe, the copyright holder either must sue the unauthorized user or the material can be returned to its place online.

Most personal photos are not worth the time or effort or money needed to pursue an infringement suit. A defamation claim makes more sense IF text accompanying the photo publication caused reputational injury severe enough to warrant the high costs of a legal action.

The defamation can be demonstrated in the specific words used, by implication, or through context. Not only must the content be personally examined by a legal professional well-versed in defamation but also the reasons behind the publication must be explored.

 

[KarynSmith]

Right, I'm by no means under the impression that anything on the internet is private. I was, however, under the impression that people cannot take a photo you posted to an audience you chose and publish it on their public page.

To break it down (I'm going to try to give a similar example, to attempt to not spill dirty laundry on the internet), a couple of weeks ago, I took a trip and visited a museum. It was my and my friend's first time to the city, we were taking pictures of everything (I scrapbook all of my trips to notable places), and we took a picture on the back of the property, with the museum in the background. This person (who, may I add, does not follow me, nor have I ever met her - she got the screenshot from another person, since blocked), posted the picture and called me an f---ing racist, threatened to post my work profile and contact information, incited people to "condemn" me for visiting such a place and taking a photo, etc., etc. I really don't think I need to defend my actions, but my family are people of color, literally everyone at the museum was taking pics, etc., but this woman I don't know still felt the need to "call me out." Her post has since been retweeted numerous times, and I'm concerned for my future career and reputation. When several of my friends asked her to take the post down, her reply was that since I'm wearing sunglasses, my "identity" is protected. BS, since she exposed my workplace and a photo of me. But I digress.

I'm not sure if this constitutes defamation, but it was one option I was exploring. I'm not a confrontational person, so I don't want to sue her or try to make money off of this if I don't have to - I think the threat of a suit, if it was potentially valid, would be more than enough to get her to back down and delete the post. She's a bully, and doesn't have the funds for legal fees, so my guess is that would be enough. But I don't want to threaten something I can't back up, if needed.

 

[quincy]

Right, I'm by no means under the impression that anything on the internet is private. I was, however, under the impression that people cannot take a photo you posted to an audience you chose and publish it on their public page.

To break it down (I'm going to try to give a similar example, to attempt to not spill dirty laundry on the internet), a couple of weeks ago, I took a trip and visited a museum. It was my and my friend's first time to the city, we were taking pictures of everything (I scrapbook all of my trips to notable places), and we took a picture on the back of the property, with the museum in the background. This person (who, may I add, does not follow me, nor have I ever met her - she got the screenshot from another person, since blocked), posted the picture and called me an f---ing racist, threatened to post my work profile and contact information, incited people to "condemn" me for visiting such a place and taking a photo, etc., etc. I really don't think I need to defend my actions, but my family are people of color, literally everyone at the museum was taking pics, etc., but this woman I don't know still felt the need to "call me out." Her post has since been retweeted numerous times, and I'm concerned for my future career and reputation. When several of my friends asked her to take the post down, her reply was that since I'm wearing sunglasses, my "identity" is protected. BS, since she exposed my workplace and a photo of me. But I digress.

I'm not sure if this constitutes defamation, but it was one option I was exploring. I'm not a confrontational person, so I don't want to sue her or try to make money off of this if I don't have to - I think the threat of a suit, if it was potentially valid, would be more than enough to get her to back down and delete the post. She's a bully, and doesn't have the funds for legal fees, so my guess is that would be enough. But I don't want to threaten something I can't back up, if needed.

There is the possibility of a supportable defamation claim in what you describe of the publication.

Because defamation suits are notoriously expensive legal actions, you might be able to accomplish what you want by having an attorney send a cease and desist letter to the individual. The letter can demand removal of your photo and all derogatory/defamatory text from its place online, possibly demand a published retraction, and state that a legal action is being considered and may be pursued if the demands are not met.

Although a cease and desist letter does not have to be drafted and sent by a lawyer, a letter from a lawyer tends to be more effective than one you send yourself because the recipient knows that you have contacted a lawyer to discuss the matter. A lawsuit appears to the recipient a more likely action.

A cease and desist letter, however, is just a letter, with no force of law behind it, so it is possible that your defamer could simply ignore it. If the letter does not work to get the material removed from its place online, you will have to decide if you want to go to the time and expense of filing suit.

Whether a lawsuit makes financial sense depends on several factors, including the location of the individual involved (same state or out of state), the ability of the individual involved to pay any damages awarded should you win your legal action (indigent? wealthy?), and, importantly, whether you have demonstrable injury to your reputation.

I suggest several things: One, file a DMCA takedown notice, and, two, file a complaint with the site hosting the material, and, three, contact an attorney in your area for a personal review of what was posted to better determine the defamatory nature of the published text. Depending on this personal review, send a cease and desist and/or file a defamation suit.

Good luck.

 

[zddoodah]

This person (who, may I add, does not follow me, nor have I ever met her - she got the screenshot from another person, since blocked), posted the picture and called me an f---ing racist, threatened to post my work profile and contact information, incited people to "condemn" me for visiting such a place and taking a photo, etc., etc.

None of that is defamatory. Calling you racist for visiting a particular place is nothing but an expression of opinion. That doesn't mean you can't threaten litigation, but we have no way of knowing if it is likely to work.

 

[quincy]

None of that is defamatory. Calling you racist for visiting a particular place is nothing but an expression of opinion. That doesn't mean you can't threaten litigation, but we have no way of knowing if it is likely to work.

It could be defamatory. The exact language used in context needs a personal review AND how the text is being interpreted by those who read it must also be examined AND what injury as been suffered as a result of the publication needs to be determined.

 

[FlyingRon]

For starters, you could sue for infringement of your copyright in your photo. You'd want to register the copyright ASAP after the infringement is discovered so that you might have the option of seeking statutory damages and attorneys

That may still be too late. You have three months from publication or one month from the infringement being discovered which ever is EARLIER.

 

[quincy]

It could be defamatory. The exact language used in context needs a personal review AND how the text is being interpreted by those who read it must also be examined AND what injury as been suffered as a result of the publication needs to be determined.

I should also have added that what exactly is pictured needs to be known.

Standing in front of a museum can take on different meanings if gestures or expressions are captured. A photo, in other words, can tell a story.

I have some cases that I will provide links to later.

 

[ajkroy]

I should also have added that what exactly is pictured needs to be known.

Standing in front of a museum can take on different meanings if gestures or expressions are captured. A photo, in other words, can tell a story.

I have some cases that I will provide links to later.

This is exactly what I was thinking when reading OP's account. A photo of you doing a Nazi salute in front of the Holocaust Museum, for example, could hardly be described as anything BUT racist/xenophobic. I also wouldn't be surprised if strangers doxed you for that.

 

[quincy]

This is exactly what I was thinking when reading OP's account. A photo of you doing a Nazi salute in front of the Holocaust Museum, for example, could hardly be described as anything BUT racist/xenophobic. I also wouldn't be surprised if strangers doxed you for that.

Should something like that be the case, there can still be an attempt to remove the photo from its place online on copyright grounds ... but a defamation suit would be awfully difficult to support.