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Is filming someone and posting it online without their consent and commenting on it legally actionable? #cyberbullying #harassment

I saw a post on Facebook by a person, who filmed a woman at a local restaurant. The woman was allegedly trimming her nails at the restaurant. The poster identified the restaurant in the post and talked about how “unsanitary” the woman was. Then hundreds of people joined in and mocked the woman and disparaged the restaurant. The video was shared many times apparently without the woman’s consent. Is this legally actionable?

Possibly. The restaurant may have potential legal claims for an unfair light tort claim, defamation, and other claims.

The woman may have grounds for the tort of appropriation if the poster makes any money from the post or if the woman suffers and “injury” (disparagement).  She also may have claims for defamation, harassment (if she is made aware of it), intentional infliction of emotional distress, and possible cyberbullying .

About the author, Michael

I practice law in North Carolina. In my spare time, I write fiction.

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