Question: What are the rules around posting other people’s names or photos online? Isn’t it a violation of their privacy to do so without their permission?
Answer: Most of us have at least one social media account, and use it daily, whether it be for personal social interaction, business, a way to get the news, or for a variety of other purposes. Given that Safer Internet Day was on Feb. 7 and Pink Shirt Day (anti-bullying) was on Feb. 22, this is a good opportunity to clarify what is and what is not appropriate online.
In most cases, there is nothing illegal about posting someone’s name or photo online (a quick peruse of any social media site will confirm that it happens frequently!), but you should first consider whether the person will have any objection to it. You should also check the terms of use of each social media site to confirm that your content is not in violation of their policies.
The issue that arises has more to do with the context of the message. Are you posting someone’s name to wish them a happy birthday, and are you posting a picture of their car because you want to show off your friend’s shiny new ride? Or are you posting someone’s name to publicly accuse them of something, and posting a picture of their car and licence plate out of anger or for revenge? If police receive a report about online threats or an offence such as criminal harassment, any related posts will be reviewed to determine the context and intent of the messaging. That being said, there are a lot of negative comments and rude behaviour online that do not meet the threshold for criminal charges; however, for those considering posting any questionable content, ask yourself whether you would use those same words when talking to the intended recipient in person. If you wouldn’t say something in person, you probably shouldn’t post it online.
While you don’t typically require someone’s permission to post a photo of them online (as long as it’s not nude/sexual in nature), if you’re unsure about whether someone is OK with you posting their photo online, why not send them a quick message to ask? Inciting vigilante justice towards someone or threatening them online can put you at risk of retaliation (online or in-person) or criminal charges.
Finally, if you see someone posting something negative, don’t contribute to it. Just like a bully at school, if a bully online gets ignored and doesn’t have a crowd to watch the “fight,” chances are they will lose interest and stop posting. Please do your part to make social media a positive environment for everyone.
Submit questions via email: [email protected].
– Const. Harrison Mohr
