0

It it lawful for someone to publish on social media an audio-video clip of a private conversation without the other party's consent?

Does the fact that the clip is accompanied by "nasty" comments make a difference?

Similarly, is it lawful to post images showing the inside of a person's private bedroom and/or home?

3
  • 3
    Where are you (and the other person) located? Laws vary between countries and even states so without knowing this is impossible to answer. – Studoku Jan 20 at 14:34
  • Also, was the clip actually part of the conversation (i.e. your webcam and microphone over Zoom/Messenger/etc.) or did you specifically record and send it? – Studoku Jan 20 at 14:38
  • Was the audio/video clip taken without the person's consent? Or, was it taken with their consent but you'd be posting it without their consent? – user36183 Jan 21 at 2:59
2

If you recorded the clip, you have copyright on it, and distributing it (which includes posting it) without your consent is copyright infringement. However that is not a crime. You could sue, but that would be expensive and not quick. You could, if this is in the US, send a DMCA takedown notice.

That this clip was recorded in your apartment or other dwelling would only matter if an invasion of privacy claim would apply. That depends on which US state is involved. In most states if it is available at all it applies only if the content would be "highly offensive to a reasonable person". Also, that is again a civil suit, not a crime.

4
  • 1
    I think this misses the mark a little. While the discussion of invasion of privacy is a good issue to spot, the facts stated possibly raise criminal issues. Given that level of seriousness, I don't think copyright law is really the main issue here. – user36183 Jan 21 at 3:01
  • @colin This answer was given to the original question, before it was rewritten. Have a look at that version. I think it fit that version rather better than it does the current version. I may add to it. – David Siegel Jan 21 at 15:27
  • Ah! Mea culpa, how do I do that? – user36183 Jan 21 at 15:30
  • 1
    @colin After the question it says "edited" followed by a time and the user name of the user who did the most recent edit. This is a link, click it to see the whole sequence of edits -- sometimes there are several. Edits can be displayed inline or side by side, in rendered text or markup. – David Siegel Jan 21 at 15:37
1

Depends on where it happens, and possibly who the persons are.

In parts of Europe, individuals generally have a right to control the use of their picture, but there are exceptions. Basically, if the individual either becomes a 'legitimate' news event or part of the background of such a picture, the use is allowed, if they are just ordinary people doing ordinary things it isn't.

If this isn't just a hypothetical and you intend to publish such images, either don't do it or talk to a lawyer familiar with your jurisdiction.

Not the answer you're looking for? Browse other questions tagged or ask your own question.