Yes, It’s Legal To ‘Tag’ Someone In A Photo On Facebook Without Permission
While I’ve heard the argument that in Europe, it’s possible to use various privacy laws to demand that someone remove a photo or “tag” of the requester, in the US that’s not the case (barring other circumstances that might require the removal). However, Evan Brown has the details on a custody case, in which a woman (the mother) sought to bar the use of a Facebook photo as evidence. The photo showed her drinking alcohol, which a psychologist claimed could interfere with medicine the woman was taking. The woman claimed that because anyone else on Facebook could upload photos and tag them with her name, she hadn’t given permission, and thus the photos should not have been published. The court explained why this is meaningless:
The court held that “[t]here is nothing within the law that requires [one’s] permission when someone takes a picture and posts it on a Facebook page. There is nothing that requires [one’s] permission when she [is] “tagged” or identified as a person in those pictures.”
Just think what the world would be like if you were not allowed to tag your Facebook photos unless everyone gave you permission?
I’m not sure I would want to live in that world.
One thought on “A legal win I did not even know we needed”
Does this mean that relatives can post any photo they want to on your Facebook page? Even the one of the bare-bottomed baby on a bear skin rug? Goody!
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