Since the beginning of the saga of Quebec influencers traveling to Tulum, the popularity of OD scoop has exploded on Instagram. In the last few days, the gossip account has found itself in the midst of controversy, its practices not having unanimous support. To see more clearly, we explain to you what the law allows (or not) to do.
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Controversy
Last weekend, the OD scoop account shared a story controversial that had been published, then deleted, by the influencer Milaydie Bujold.
After sharing an apology (at the request of OD scoop, who initially agreed to take down the story), the one who made herself known as the best friend of Élisabeth Rioux decided to reveal the identity of the one who would hide behind the popular account. Many defenders of the influencer subsequently revealed personal information about this mysterious person.
Did the od_sccop account go too far in reposting the story and asking for an apology? Can we reveal a person’s personal information on social networks? To better understand what is or is not permitted legally, we discussed it with Pierre Trudel, full professor at the Faculty of Law of the Université de Montréal.
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What the law says
Can someone else’s post be shared on social media?
Yes, we can share content that has been published by a person on social networks. “It is the very nature of these environments, to allow the sharing [de stories ou de publications] without restriction”, explains Pierre Trudel.
Do we have the right to reshare the post if it has been deleted?
If the post was re-shared by another account or someone else before the original content was taken down, there is no need to remove the repost. “Once the person decides to delete the story, it must take into account that it may have been shared. It is the very nature of the Internet,” explains the specialist in privacy and cyberspace law.
What if the post was only visible to a select group of users (like close friends on Instagram)?
For a story which is visible only to close friends or a private video on Snapchat, the law is more nuanced. “Leaving the circle of close friends to publish it on a wider circle, many people think that this can constitute an invasion of privacy”, underlines Pierre Trudel.
The person who re-shared the content could be blamed for infringing on the privacy of others.
Can a private conversation be shared publicly without consent?
“Posting a conversation without the other person’s permission can become a breach of privacy,” he explains.
However, there are nuances. “When a person has committed a faulty act during the conversation, it becomes legitimate to expose it”, continues the specialist. It refers, for example, to threats or racist remarks that would have been made in a Messenger conversation.
It is important to have legitimate reasons for publishing the conversation and, above all, to be able to prove that it was legitimate to do so. Otherwise, you have to ask the person’s permission before making the exchanges public, he summarizes.
Can we share a photo taken without someone’s knowledge?
In principle, one cannot publish a photo of a person without his consent. “As soon as the person is recognizable, that she is the main subject, the principle is that we cannot publish this photo, even if it was taken in a public space”, explains Pierre Trudel.
On the other hand, the law differs when it comes to public figures. A photo taken without the knowledge of an influencer, for example, could be published, as long as it serves the public interest. “It can become in the public interest to publish images, insofar as it has a link with their activities”, he mentions, while adding that “an intimate photo of a person who is an influencer, it’s not necessarily in the public interest”.
Is what is published on social networks necessarily in the public interest?
Social networks are public places, just like a street or a shopping center, says Pierre Trudel. “What is going on [dans l’espace public] will more easily be considered to be in the public interest.”
Can we require someone to remove a photo of us?
Yes it’s possible. If the photo was posted without the person’s permission, they can be asked to remove it.
If a person feels that a photo of them should not have been shared, can they seek compensation?
To be able to claim compensation, you must first demonstrate that you have the right to oppose the dissemination of the photo, mentions Pierre Trudel. In other words, you have to prove that the person did not have the right to distribute the photo. However, if a person is convinced that he could share the said photo – and that he considers it to be of public interest – it is a safe bet that he will not agree to pay financial compensation.
the doxing is it a legal practice?
the doxing, or posting someone’s personal information with the intent to harm them, is “not only a violation of privacy, it’s also harassment.” Pierre Trudel indicates that using a photo or the personal information of an individual in order to threaten or harm him, or to incite others to do so, is an invasion of privacy, but also an act criminal.