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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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Is it legal to use photo's of me (both adult and baby) to

Customer Question

Is it legal for someone to use photo's of me (both adult and baby) to put me down, to embarass me and mislead my coworkers. What if I can't get proof because they are using a closed twitter phone group
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
I am sorry to hear of this situation.
Can you tell me who this person is to you - how do you know them?
Where did they get the photos? Did you give them to the person?
If the group is closed, how are you aware the photos are being published in that manner?
Customer: replied 1 year ago.
This is two brothers, their families (they use the minor children to commit criminal acts) and three employees in my workplace that contacted my family in an inappropriate way. I found out because I almost got fired from a photoshopped photo. I also found out that my father was using camera's and video with my brothers ostensibly for *security* and then misusing those photo's to circulate unflattering pictures of me. I was never told that they were filming or audio taping. Yes, I went to HR. Three employees have made no secret that they have the photo's, I just haven't seen them. My father and my brother used a minor child on facebook to publish photo's from a cyberbullying event and when I sent them a letter about acts of malice, they just said they were exercising their 1st amendment rights.
Customer: replied 1 year ago.
Also, I have texts on my phone, while not proof of photo's are proof he rec'd the letter and had no intention of taking the photo's down. He (my brother) continues to make false allegations against me (I have another text) regarding snooping into his bank account. This is a code of ethics violation in my employment, so technically he has recently threatened my employment again. I have a text where he said he was going to the bank to accuse me again,
Expert:  Sam replied 1 year ago.

Hello

Thank you.

There are laws against such harassment and cyber bullying. Do you want to have criminal charges filed? Are the photos depicting lies that could be considered libel/defamatory?

Expert:  Sam replied 1 year ago.

Because I suggest you can have a local civil litigation attorney evaluate the full scope of the Defamation. And you could have a lawsuit. Of course, you would want to be sure the offending parties have assets to collect if you win. I suggest you can consider consulting with a local litigation attorney and discuss them representing you on a contingency basis. That means they get a percentage of any settlement they would get for you. And so that is why it would be necessary to know they have assets to collect - the juice has to be worth the squeeze, so to speak.

Expert:  Sam replied 1 year ago.

I suggest you can use your state's Bar Association for a legal referral for a civil litigation attorney to consult with. They can fully evaluate the matter. They also can file a lawsuit, which would then give them access to the private account by way of a Subpoena.

Customer: replied 1 year ago.
Can I file criminal charges if I have never seen the photo's?
Expert:  Sam replied 1 year ago.

Hello

No. You would need to have seen them first hand. You cannot go on the word of someone else to file those charges. And that is another thing the local attorney will be able to help you with. Once a lawsuit is filed, the attorney can get access to the site where they are published and then criminal charges can also be filed.

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