Is it legal for my ex-boyfriend to post a video of me without my permission?

My ex and I are no longer together and he keeps threatening to post a sexual video of us on the internet. He says he can because I consented for him to film the video and he says the video is his property. However, I’m not consenting for him to post the video online. What can I do?

Asked on April 4, 2016 under Personal Injury, Massachusetts

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the video is posted online, you can sue your ex for invasion of privacy.  Invasion of privacy includes appropriation of one's name or likeness for commercial purposes without consent.  You can seek damages (monetary compensation) for emotional distress.  You can also seek punitive damages, a substantial amount, to punish the intentional, wrongful act of posting the video online.
Some states have recently enacted revenge porn statutes to bring criminal charges against one who posts this type of video online.  You may want to check with the DA to inquire if your state has this type of statute.


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