Photographs of you are private. Except under exceptional circumstances, no one is permitted to use them without your consent. You have the right to determine how you are portrayed. As a result, you have the option of refusing to allow your photograph to be duplicated or published. Unless you provide permission, no one may publish a photograph or video in which you may be identified. This involves publication in a newspaper, magazine, or advertising, as well as participation in social media.
If the publishing of the photograph or video injures your self-esteem, that is, makes you feel uneasy or causes you to worry, you may sue for compensation.
However, before posting a photo it’s a good idea to think it through. This is because it’s impossible to exercise complete control over photographs and videos uploaded to the Internet. Once images are uploaded to the internet, they may be downloaded, edited, and shared by others. The repercussions may be severe, particularly in cases of cyberbullying – consider a regular photo album instead.
Instagram which is owned by Facebook seems to respect your right to privacy as stated in its terms of service under the subheading ‘Permissions You Give to Us’. We’ve taken the liberty of translating the excerpt for you in simpler terms and this is what they’re saying:
“We do not own your content, but you give us permission to use it. Nothing is going to change about how you can use your own content. If you post something on or through the Service, we don’t own it, so you can share your content with anyone you want. However, in order to effectively deliver the service, we need to get permission from you to do so legally which is referred to as a license.
Photos and videos that are covered by intellectual property rights can be shared on or in connection with our Service, but when you do so you give us a non-exclusive, worldwide license to use and distribute your content. You also give us permission to translate and make other changes to your content when you do so (consistent with your privacy and application settings). In the event that your content is removed from our systems, this license will end. You may remove specific items or your whole content by deleting your account.”
When creating a Facebook account, you agree to a number of legal terms and conditions, including Facebook’s privacy policies. While you may edit your privacy settings at any time, you cannot change (or opt out of) Facebook’s terms and conditions, including its privacy policies, unilaterally. You own your stuff as a Facebook user, including all of your images and videos. Facebook does not own your stuff, nor has it said that it would make it public. As a Facebook user, you only consent to Facebook’s usage, sharing, and distribution of your material in line with your privacy preferences.
Though you have the legal right to protect your image, this right may be revoked in certain circumstances:
- You’re featured in a public service announcement. “Legitimate interest of the public” is the term used to describe such a circumstance. Pictures of a witness in a high-profile trial, for example, may be published without their consent.
- You’re in the middle of a crowd. Public activities like basketball games or student demonstrations, for example, may be photographed and published without your consent.
- You’ve gathered with other visitors in front of a well-known landmark, such as the Eiffel Tower, to take in the views.
- You’re a celebrity. It’s natural for others to want to photograph you! In general, society feels that celebrities or prominent persons must give up some privacy. This might be applied to sports personalities, artists, and politicians, among others.
Certain hoaxes have surfaced on both platforms over Facebook’s use of user data. These hoaxes have gained a lot of traction since politicians and celebrities alike shared the post.
Posting a message on your Facebook profile that contradicts Facebook’s privacy conditions has no legal ramifications and has no influence on Facebook’s privacy standards. Your connection with Facebook is regulated by the terms and conditions you agreed to, as well as current copyright law. As a result, publishing a notification will not modify any laws or privacy rules in the past or in the future.
Facebook and Instagram do not necessarily own the photos you post, you only grant them a temporary ‘license‘ so that you can use the service. You can revoke that license by deleting the content or otherwise your account.