There have been shocking reports in recent days about primarily young girls’ Facebook photos being used on pornographic websites. It appears that photographs are being taken directly from Facebook and then photoshopped into explicit images without consent.
Reading and hearing these stories, I am struck by the bravery of the girls who have come forward to tell their stories. It cannot have been an easy decision, but publicity around these types of issues is hugely important — both to help the people involved take back control of their situation and to encourage others in similar circumstances to come forward.
Criminal and Civil Implications
Apart from the obvious criminal implications for those responsible for using the girls’ photographs in this way, there are also significant civil law issues. These include breaches of the right to privacy, copyright infringement, and potentially defamation.
Every citizen in Ireland has the right to privacy and the right to the protection of their reputation and good name. It could also be argued that the original publisher of a photograph owns the copyright to that image, and that any unauthorised use of it is unlawful. Any deliberate or reckless attack on these rights could give rise to a legal claim for damages.
Possible Legal Claims
A claim of this nature could potentially be made against several different parties, including:
- The person or persons who originally “harvested” the photographs
- The websites or platforms that subsequently published or distributed the images
Protecting Victims and Enforcing Rights
These cases highlight how vulnerable people — particularly young people — can be online, and the urgent need for accountability and stronger protection of digital rights. Victims should be supported to come forward, and legal action must be taken to hold perpetrators responsible for the harm they have caused.
Let’s hope those responsible are brought to justice for the damage they have caused.
Maria O’Donovan is Principal Solicitor at Maria O’Donovan & Co. Solicitors, specialising in family and privacy law.
