By Step Rights Magazine | Entertainment & The Law Series

In today’s digital world, a single photograph or video can travel across the internet within seconds. Social media platforms such as Facebook, Instagram, TikTok, X (formerly Twitter), and WhatsApp have made it easier than ever to share images and videos. Unfortunately, they have also made it easier for people to misuse someone else’s likeness without consent.

It is common to see photographs copied from social media and used for advertisements, political campaigns, fake news, or commercial promotions without the owner’s knowledge. This raises an important legal question:

Can someone legally use your photograph or video without your permission?

The answer depends on how the image or video is used. In many situations, the law provides protection against unauthorized use, particularly where privacy, reputation, or commercial interests are affected.

Your Photograph Is More Than Just an Image

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A photograph or video is not merely a digital file. It can reveal your identity, personal life, family, workplace, or location. Because of this, the law may recognize several rights relating to your image, including:

• Privacy rights
• Copyright interests (depending on who created the image)
• Protection against defamation
• Protection against false endorsement or misleading commercial use
• Protection of personal data under Nigerian law

Not every unauthorized use is illegal, but many are.

Does Taking Your Photo Mean Someone Owns It?

This is where many people become confused.

There is a difference between:

• Ownership of the copyright, and
• The right to use someone’s image.

Generally, the photographer owns the copyright to a photograph unless there is an agreement stating otherwise.

However, owning the copyright does not automatically give the photographer unlimited freedom to use another person’s image for every purpose.

For example, using someone’s photograph to advertise a business without consent may expose the user to legal action even if they took the photograph.

When Is Permission Usually Required?

Permission is generally advisable when a person’s image or video will be used:

• In advertisements
• To promote products or services
• For political campaigns
• In fundraising campaigns
• To imply endorsement
• In a misleading or defamatory context
• In ways that invade a person’s reasonable expectation of privacy

Obtaining consent protects both the publisher and the individual whose image is being used.

What About Social Media?

Many people wrongly believe that once a photograph is posted online, it becomes “public property.”

That is not true.

Uploading a picture to social media does not automatically surrender all legal rights over it.

Others may still require permission before using the image for commercial purposes or in ways that damage your reputation or privacy.

What If Someone Uses Your Picture to Advertise a Business?

Suppose a company downloads your photograph from Facebook and uses it to advertise clothing, cosmetics, real estate, or any other product without your permission.

This could expose the business to legal claims, including:

• Misrepresentation
• Passing off or false endorsement
• Breach of privacy
• Data protection violations
• Claims for damages where appropriate

Businesses should obtain proper consent before using identifiable individuals in marketing materials.

What If Someone Creates a Fake Account Using Your Photo?

Using another person’s image to impersonate them online may amount to:

• Identity theft
• Fraud
• Cyber-related offences
• Defamation where false statements are published

Victims should report such accounts to the relevant social media platform and, where appropriate, to law enforcement authorities.

Can the Media Publish Your Photograph?

Journalists and news organizations often publish photographs as part of reporting matters of public interest.

In many circumstances, publication connected to legitimate news reporting may be lawful.

However, media organizations still have legal and ethical responsibilities to:

• Report accurately.
• Respect privacy where appropriate.
• Avoid defamatory publications.
• Avoid misleading captions or context.

Responsible journalism requires balancing public interest with individual rights.

What Does Nigerian Law Say?

Several Nigerian laws may become relevant depending on the circumstances, including:

The Constitution of the Federal Republic of Nigeria

Section 37 guarantees the privacy of citizens, their homes, correspondence, telephone conversations, and communications.

Although privacy rights are not absolute, they provide an important foundation for protecting personal information and images in appropriate circumstances.

Nigeria Data Protection Act, 2023

Where photographs or videos constitute personal data, organizations collecting or processing them may have obligations under Nigeria’s data protection laws, including obtaining consent in appropriate situations and handling personal data lawfully.

Nigerian Copyright Act, 2022

The Copyright Act protects the rights of creators of photographs, videos, films, and other creative works.

It is important to distinguish copyright ownership from a person’s privacy or personality rights. Both may exist at the same time.

Defamation Laws

If someone’s photograph or video is used alongside false information that damages their reputation, they may have grounds for a defamation claim.

Can You Sue?

Depending on the facts, a person whose photograph or video has been misused may seek legal remedies such as:

• Removal of the content.
• A public apology.
• Compensation for proven losses or damage.
• An injunction preventing further publication.
• Other remedies available under Nigerian law.

Each case depends on its specific facts, and legal advice should be obtained where necessary.

How Can You Protect Yourself?

Here are practical steps to reduce the risk of image misuse:

• Adjust your social media privacy settings.
• Avoid sharing sensitive personal photographs publicly.
• Watermark professional photographs where appropriate.
• Regularly search online for unauthorized use of your images.
• Report fake profiles immediately.
• Keep evidence, including screenshots and web links, if your image is misused.
• Consult a lawyer where the misuse causes significant harm.

Step Rights Legal Insight

Technology has made it easier than ever to create, copy, and share photographs and videos, but convenience should never replace consent.

Respecting another person’s image is not only good manners—it is good legal practice. Businesses, content creators, influencers, bloggers, and even ordinary social media users should think carefully before downloading and reposting someone else’s photograph or video.

Likewise, individuals should remember that posting online does not mean giving up all rights over their identity. If your image is used unlawfully or in a way that harms your privacy or reputation, the law may provide remedies.

Digital freedom comes with digital responsibility.

Know Your Rights

If someone uses your photograph or video without permission:

• Stay calm and preserve evidence by taking screenshots.
• Identify who published the content.
• Request that the content be removed.
• Report the material to the relevant platform if it violates its policies.
• Seek legal advice if the publication causes reputational, financial, or emotional harm.