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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice
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I am asking on behalf of my neighbour. My neighbour's

Resolved Question:

I am asking on behalf of my neighbour. My neighbour's boyfriend has a clothes business. He asked my neighbour's daughter (18yo) to do some modelling for his website. It has since transpired that the images taken during the photo shoot have been used by the boyfriend for other purposes on social media across several accounts. There is no nudity involved, but there is a sexual inference on some social media. Beyond the obvious breach of trust, has an offence been committed?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

for what purpose were they used?

Customer: replied 1 year ago.
One instance was to set up a fake Facebook account dedicated to a silk fetish. Another took footage from the photo shoot and edited it with footage taken at another time, all with captions to tell another story entirely, this was sexually suggestive. My neighbour's daughter did not consent to this, but did receive a small fee for modelling the clothes originally.
Expert:  Jo C. replied 1 year ago.

No, but the photographs belong to the person who took them. She did consent to that and anyway you don't need consent to take photographs. If you did the press would be acting unlawfully almost all of the time.

Expert:  Jo C. replied 1 year ago.

Unless she specifically agreed on the basis that the negatives were hers there is no wrongdoing in use of them per se.

Expert:  Jo C. replied 1 year ago.

If she is 18 or over then indecent photographs don't apply.

Expert:  Jo C. replied 1 year ago.

To be wholly honest, if there is no nudity then probably revenge porn wouldn't apply either.

Expert:  Jo C. replied 1 year ago.

I suppose I haven't seen the photographs or the captions but they don't seem to amount to anything that would offend against the obscene publications act either.

Customer: replied 1 year ago.
there is just a breach of trust? No Criminal orCivil offence? Can my neighbour's daughter apply to have the images removed?
Expert:  Jo C. replied 1 year ago.

Well, there may be but that doesn't amount to a criminal offence. Lovers breach trust all the time and that is a relationship issue.

I suppose she could seek an injunction but unless the images belong to her and not him I'm not sure it is the strongest application. He might well remove them if she threatens to though.

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Customer: replied 1 year ago.
Ok Jo, thanks for your help.
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.