It’s important to understand the rules when posting photos of other people on social media – here’s what you need to know
Social media can be a wonderful and terrible thing.
On one hand, it can offer a way to keep in touch with friends and loved ones, provide a platform for self-expression, and bring the world together in the face of adversity.
On the other hand, it can easily expose the vulnerable to exploitation, cause anxiety, and facilitate the spread of disinformation.
With so many potential dangers, governments are understandably working hard to regulate social media content and ensure users only experience the joy that it is capable of bringing, while staying protected from harm. The UK’s Online Safety Bill is one example of this.
But where do these tighter restrictions on content leave the everyday user?
A huge part of social media content is photography of people, so it’s important to ensure you follow the rules when posting images of others, not just for your safety, but for their safety too.
Whether you’re a street photographer worried about sharing your art or you’re fresh back from vacation and wondering whether it’s OK to post a snap you took with a stranger in the background, this article will help you to make an informed decision.
Questions to ask yourself before posting a photo of someone online
Before you think about sharing an image of someone on social media, there are a few more general issues to consider.
Is it your image to share?
The first thing to establish is whether you own the copyright to the image in question. If you are the creator of the image, you are also likely to be the copyright holder.
It may also be the case that you are not the copyright holder as such, but that you do have the necessary license to share it.
For the avoidance of doubt, read our complete guide to copyright and images.
What is it being used for?
Once you are certain you own the necessary rights to the image, you then need to ask yourself why you want to publish it.
If it is for commercial gain – for example, it is being used to promote a product or service – then you will invariably need permission in the form of a signed model release from all recognizable people that are featured.
If, on the other hand, it is for news, artistic expression, or editorial expression – for example, you share a holiday snap of a bustling city street filled with pedestrians – in most cases, you will not need permission from those featured.
The exception to this rule is if the image itself is for sale as a piece of art. For example, it could be possible for a street photographer to sell prints of their work without permission from subjects, as illustrated in the case of Nussenzweig vs DiCorcia. This, however, is dependent on a number of other conditions, which we will cover in the sections below.
While every case is different, it is safe to assume you will always need written permission when publishing an image of someone for commercial gain. If that is your intention, we would strongly recommend getting a model release signed at the time of capture.
For that reason, the rest of this article will focus on publishing images of people for non-commercial usage.
Sharing photos of others online for non-commercial purposes
The privacy rules surrounding photography generally boil down to freedom of expression and are covered by The First Amendment in the US and the European Human Rights Act in the UK and Europe.
These rules allow you to take pictures for news and artistic or editorial expression of anyone in a public setting (excluding crime scenes) as long as you are not violating any other laws or posing a safety risk by doing so.
Photographing people on private property is a little less clear. The two main things to consider are where you are standing when you take the photo and whether the subject is in a place where they should be able to reasonably expect privacy.
For example, if you are inside a restaurant, you would need the permission of the restaurant owner before you can take photos of people. However, you would not need permission if you were standing outside on a public pavement shooting in through the window.
Having said that, it’s not OK to photograph someone through the window of their private property, even if you are on a public pavement. This is because inside someone’s home is regarded as a place where privacy should be expected.
Finally, privacy laws vary considerably between countries and can even change from state to state in the US. For example, while Hungary is part of Europe, the country has reportedly introduced a law that forbids you to photograph anyone without permission, regardless of usage or setting.
Therefore, although social media is a global network, you should always adhere to the rules of the location in which the photo was taken, so make sure to do your research before you travel.
Posting photos of people on social media
Once you’re certain you own the copyright to your image and that you either have or do not require the permission of the person(s) featured, the next step is to check it adheres to the rules of the social media network you would like to post it on.
Each network has its own set of standards for posting photos, so it is important that you ensure you are fully acquainted with them before sharing.
Below, we provide a brief overview of photo-sharing rules for some of the major social media networks. along with links to full terms and conditions.
Can I post a photo of someone else on Facebook?
Yes, you can share images of another person on Facebook as long as the image adheres to privacy laws and the platform’s terms and conditions.
These rules require that photos meet Facebook’s Community Standards, which are split into four areas: authenticity, safety, privacy, and dignity.
Disinformation is an ongoing problem on social media channels, so ensuring images are genuine and accurately represent a person or situation is high on Facebook’s priority list. It will also not allow any images to be shared that could cause harm. Therefore, images that have the potential to “intimidate, exclude, or silence others” will be removed.
Furthermore, as discussed above, respecting a person’s privacy is key to respecting photography-related laws. Facebook is no different and, as such, it aims to protect the personal privacy and dignity of its users. Therefore, always ensure you’re working within the law.
Can I post a photo of someone else on Twitter?
Yes, you can share images of other people on Twitter, but only if the image adheres to the law and abides by specific platform rules, which critically now require you to gain the permission of the person depicted, regardless of content and usage.
Twitter’s general rules on sharing photos follow a similar line to Facebook’s in that they are designed to protect the safety, privacy, and authenticity of the platform and its users.
The network’s stated purpose is to “serve the public conversation,” therefore any images that might devalue this conversation or deter users from joining in are prohibited.
This includes images that are abusive or threatening, spread disinformation, break privacy law, or impersonate or manipulate with the intention to mislead, confuse, or deceive.
However, as mentioned above, Twitter also goes a step further. The platform recently updated its Private Information Policy to include media, which means if you do not have the permission of the person depicted in a photo you post, Twitter can remove it, regardless of who took it, where it was taken, and what it depicts.
Twitter’s reasoning is that the policy change gives it greater power to combat the misuse of media online, although the move has been met with criticism and in some cases has been abused.
Our article on Twitter’s private information policy update goes into this in further detail.
Can I post a photo of someone else on Instagram?
Yes, you can share images of other people on Instagram, as long as the image abides by privacy laws and the platform’s Community Guidelines.
Instagram’s guidelines place a high value on authenticity and the safety of its users, therefore the platform will remove any images it feels threaten its community. As such, your image must abide by the law and not cause offense by threatening, shaming, or harassing others.
Notably, Instagram does not allow images that contain nudity, even if they are artistic in nature. The only exceptions to this rule are in the context of breastfeeding, giving birth, health-related situations, and acts of protest.
That said, if your image is newsworthy and in the public interest, the platform may make an exception to the above.
Can I post a photo of someone else on LinkedIn?
Yes, you can share images of other people on LinkedIn, as long as the image abides by the law and the platform’s Professional Community Policies.
While LinkedIn is more of a professional network than a social network, its rules follow similar principles to the networks mentioned above.
The core guidelines revolve around safety, trustworthiness, and professionalism. The aim is to create a networking environment where people are civil, respectful, authentic, and relevant.
It is undoubtedly important to make sure your images reflect these official rules, but LinkedIn’s professional focus means there is also an unofficial etiquette that should always be considered.
For example, a person would not typically wear swimming trunks to a job interview, so it’s likely that person would object to such an image being posted on their LinkedIn professional network.
Summary
In short, whether or not it is OK to share photos of someone on social media is a subjective issue that should be looked at on a case-by-case basis.
For this reason, there is no simple answer. But a good place to start is to ask yourself if you would mind that person sharing a similar image of you. If there is any doubt in your mind, check with that person first.
If you don’t know that person, always examine the relevant privacy laws and make sure the answer to each of the following questions is ‘no’:
- Was the image taken in a private place?
- Is the person in the image doing something that can reasonably be considered private?
- Is the image offensive in nature? For example, does it contain nudity, violence, or extremism?
- Could the image in any way mislead, shame, or cause harm to a person’s reputation?
- Is the image being used for marketing, advertising, or any other commercial purpose?
If you’re not sure about any of the above and you do not have a signed model release, do not post the image until you have approval from the person depicted and/or the owner of the property on which the image was taken (if applicable).
And remember, this all revolves around recognition, which doesn’t necessarily come from somebody’s face. Therefore, keep an eye out for tattoos or any other unique characteristics.
LEGAL NOTICE: The information contained in this article is intended to be used and must be used for informational purposes only and does not in any way constitute professional legal advice. If you are unsure of the law, always take independent legal advice from a professional.
SmartFrame’s image-streaming technology is revolutionizing online image display to ensure maximum security and user experience while creating a brand-new revenue stream for the photography industry. Learn more.
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