Have you ever shuddered at a picture someone tagged you in on Facebook? Have you ever asked yourself what are your rights with regards to that picture? After all, it is a picture of you….
This is the case for Aaron Olson. His uncle had posted a picture of Olson as a child, in front of a Christmas tree with unflattering commentary below.
Olson did the reasonable thing (apart from untagging his name), he asked his uncle to take down the offending pic. His uncle said no, and Olson went to court. He lost. Undaunted in his quest for justice, Olson appealed. He lost…..again.
Judge Natalie Hudson wrote the Appeals Court ruling and said Facebook posting did not constitute harassment.
“Comments that are mean and disrespectful, coupled with innocuous family photos, do not affect a person’s safety, security, or privacy — and certainly not substantially so. The district court did not err by determining that the evidence submitted by appellant did not satisfy the statutory definition of harassment.”
So unless your safety, security, or privacy are affected substantially, your Facebook claim will likely fail, so save the money for suing over something worthwhile.