Can anyone who posts memes with photos of third parties be sued? Understand what the law says

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Legislation prohibits misuse of images and allows those who expose people on the internet without authorization to be held responsible. Sharing has already brought serious consequences for those who became a meme. Chloe and Zoe became memes when they were still children Reproduction “I read comments like: if it were mine (son), I would kill it.” This is the story of Evelyn Orozimbo, who received insults about her daughter’s appearance after publishing a video of the newborn child on Instagram in September 2022. The post went viral, which became a problem: Evelyn’s daughter had turned into a meme. “They were talking about my daughter’s appearance when she was newborn. There were no compliments at any time, only negative comments about her,” Evelyn told BBC News Brasil. The girl’s image was shared on humor pages and in influencer videos as a meme of an “ugly baby”. And Evelyn began to be criticized for having exposed the child on the internet. But, in cases like this, the possible damage caused to the victim is the responsibility of whoever shares the meme. This is what lawyers specializing in digital law Patrícia Peck, president of the iStart Institute of Digital Ethics, and Kelli Angelini, author of the book “Internet Secrets that Children and Adolescents Still Don’t Know”, explain to g1. “Spreading memes on the internet may seem fun or harmless, but it has serious consequences,” says Peck. “You need to be careful when using someone else’s image without their permission.” “Whoever uses someone’s image improperly is violating the right to image guaranteed by law, and whoever uses this image improperly to insult, insult, humiliate, causes damage and generates the duty to compensate”, says Angelini. Some memes are almost harmless and even make money. That’s what happened to Chloe, who became famous with her judgmental look, and Zoe, who appeared smiling in front of a fire: the girls’ families made thousands of dollars from the portraits. But in other cases, the consequences are more serious. Lara da Silva suffered depression after going viral with the catchphrase “Is it over, Jéssica?” And Nissim Ourfali’s family was scared by the repercussions of a video produced for a party. In both situations, social networks were sued. SOCIAL MEDIA: the mother who reported the use of her daughter’s photo as a meme What does the law say? According to the lawyers interviewed by g1, Brazilian legislation is clear in prohibiting the misuse of images: 🔒 The Constitution says that “intimacy, private life, honor and image of people are inviolable, ensuring the right to compensation for damage material or moral arising from its violation”; 🤬 The Penal Code provides for crimes against honor, including slander, defamation and insult; 📷 The Civil Code determines that “the exposure or use of a person’s image may be prohibited” in some situations; 🧒 And the Child and Adolescent Statute (ECA) provides for the “right to respect”, which covers the protection of the “physical, psychological and moral integrity” of a minor victim. The legislation also determines that, in cases involving children or adolescents, social networks also have a duty of care and are responsible for removing the content. “The responsibility is immensely greater when we talk about the image of children or adolescents. In addition to being considered vulnerable, there is specific legislation, the ECA, that protects them and dictates rules”, explains Peck. “Parents have the right to expose their children until they reach the age of majority. This exposure does not give anyone the right to insult or offend children”, says Angelini. ‘He wanted to annihilate me alive’: find out what revenge porn is What to do if you are a victim? The measure to be adopted may vary according to each case, but, in general, you need to follow the steps below if you want to take a case to court: 📝 Gather evidence: make prints of the posts and comments, save the links in that the content was published and save data about who shared it – it is also possible to make a notarial act at a notary’s office to formalize the occurrence; ⚠️ Report to the social network: indicate that you are the victim of offenses and request the removal of the post and the removal of the profile – see how to report; ⚖️ Take legal action: if you understand that your rights have been violated, it is possible to initiate a process in the criminal sphere (analyzes crimes against honor and can determine fines and imprisonment) or in the civil sphere (can establish compensation for moral damages). If you do not know who the perpetrators of the offenses are, you can ask the court for the social network or operator to provide records such as IP, an identification number that can help discover the person’s identity. This type of data can only be provided upon court order. What to do to protect yourself? It is important to think carefully before publishing anything on the internet (especially related to children), as, in many cases, the content can be accessed by anyone. Additionally, there are tools to limit access to what you share. The Center for Studies, Response and Treatment of Security Incidents in Brazil (CERT.br) has a booklet with tips for protecting your privacy on the internet. Check out the main recommendations below. 📱 Adjust security and privacy settings: social networks usually have features to control who can see your posts; 👀 Control who can follow you: to avoid exposing too much of what you share, check the identity of the person who asked to follow you and avoid accepting strangers; 🖼️ Be careful even if you are not online: delete private photos and videos if your cell phone is used by third parties or protect files in folders with a password. 👥 Respect other people’s space: avoid recording videos that could expose third parties and ask for permission to post images in which other people appear. READ ALSO: What to do if your nudes are published? See how to gather evidence and report the crime Nude cases made with artificial intelligence that worry authorities How to report posts on Instagram, TikTok and Kwai and other social networks Did you have a nude leak? Practice is a crime; find out how to report

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