Someone is using my photograph illegally on Facebook

Tilak Marg Forum for Legal Questions Forums Others Someone is using my photograph illegally on Facebook

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    • #2431
      Anonymous
      Guest

      Someone has created a Facebook profile in his name but is using my photograph on his profile without my permission and in an illegal manner. What action I can take against him to ensure that he removes my photograph from his profile and also to ensure punishment to him under the legal provisions?

    • #2454

      Firstly, you can make a complaint to Facebook itself about your photograph being used by someone else. If Facebook authorities are satisfied about the genuineness of your complaint, they may remove such photograph or the profile itself.

      Secondly, in some situations, personation is an offence if certain conditions are satisfied.

      For example, Section 66-C of the Information Technology Act prescribes punishment for identity theft by a person who fraudulently or dishonestly makes use of the electronic signature, password or any other unique identification feature of any other person.

      Section 66-D of the said Act lays down for punishment for cheating by personation by using computer resource.

      Even under the Indian Penal Code, cheating by personation is defined under Section 416 of IPC, which lays down that a person is said to “cheat by personation” if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. This offence is punishable under Section 419 of IPC.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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