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Photo shared on whatsapp without consent


10-Oct-2023 (In Cyber Crime Law)
My friend took a picture of us and shared it as whatsapp status.. One of the person who is not a close friend took the screen shot and shared it other friends of his. The person to whom the photo reached (One who not even in whatsapp status list of the person who kept is as status)shared it within a group of 25 others who were not even supposed to look at the picture. Can this be treated as breach of privacy and legal action can be taken?
Answers (2)

Answer #1
587 votes
Yes 100% it is breach of privacy. you can file a complaint under Information technology act with nearest police station. This is also cyber defamation for tarnishing your social image and under Sec. 500 of IPC by sending legal notice if they don't remove and apologize for act.

Answer #2
399 votes
Sharing someone's photo on WhatsApp without their consent can raise legal and ethical concerns. Here are some key points to consider:
  1. Privacy Concerns: Sharing someone's photo without their consent can infringe on their privacy rights. In many jurisdictions, individuals have a reasonable expectation of privacy, and sharing their photo without permission may be considered a breach of that expectation.
  2. Consent: Consent is a fundamental principle when it comes to sharing personal information, including photos. If someone shares your photo on WhatsApp without your consent, it may be a violation of your consent rights.
  3. Defamation: If the shared photo includes false or defamatory information about the person in the photo, it can lead to a defamation claim. Defamation occurs when false statements harm someone's reputation.
  4. Copyright: If the photo is copyrighted, sharing it without permission may infringe on the copyright owner's rights. This can lead to legal action for copyright infringement.
  5. Revenge Porn: In some cases, sharing intimate or explicit photos without consent may be classified as revenge porn, which is illegal in many jurisdictions. Laws related to revenge porn vary, but it can result in criminal charges.
  6. Cyberbullying: Sharing someone's photo without consent, especially with malicious intent or to harass them, can constitute cyberbullying, which is illegal and can lead to legal consequences.
To protect your rights and avoid legal issues, it's essential to obtain consent before sharing someone's photo on WhatsApp or any other platform. If you believe your photo has been shared without consent, you may want to consult with a legal expert to assess your specific situation and explore possible legal remedies.
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