Complaint against publishing a photo taken from facebook

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Dear Client,

I am writing this response regarding your query posted above. It is not clear under which act and what are the charged made against the publisher. In light of the fact mentioned in your query, the case has been filed before the CJM (Chief Judicial Magistrate); hence, it should be a criminal case. Said that it can be assumed that the case might have been filed under Indian Penal Code, Information Technology Act, 2000 or Indecent Representation of Women (Prohibition) Act, 1986.

It is pertinent to note that according to the Terms and Conditions of the Facebook (“FB”) an account holder provides following rights to FB:
“2.1 For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.”

Thus, an account holder losses an intellectual property right in any material they upload on the Facebook account. Further, if someone wants to use photo or pic from FB then it should procure the same complying other terms and conditions of the Facebook.

Note that subject to the nature of a case it may be compoundable (which can be compromised) or non-compoundable. In the event of compoundable case a compromise is possible with the applicant. Hence, check whether your case is compoundable.

Hope above clarifies your query.

Best regards,

Disclaimer: As to matters of law, I limit my response to the laws of India and the laws/rules/regulations of the state under whose jurisdiction the subject matters falls. Further, my response is limited to the facts presented by the client and laws in existence on the date of this response and at no subsequent time. This response is delivered to you in connection with the query raised/posted, and may not be utilised or quoted by you for any other purpose or relied upon by any other person or entity without prior consent. Further, this response does not create any attorney client relationship.

Advocate Sangeet Sindan LawRato