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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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