Twitter bans posting of pictures, videos without consent of individuals

Twitter recently announced that it will no longer allow the sharing of private media, such as images or videos of private individuals without their consent . The move takes effect through an expansion of the social media platform’s private information and media policy.

In practical terms, this means photos and videos can be removed if the photographer has not obtained consent from people captured before sharing the item on Twitter. Individuals who find their image shared online without consent can report the post, and Twitter will then decide whether it’s to be taken down.

According to Twitter, this change comes in response to “growing concerns about the misuse of media and information that is not available elsewhere online as a tool to harass, intimidate, and reveal the identities of individuals”. While the move signals a shift towards greater protection of individual privacy, there are questions around implementation and enforcement.

In contrast to some European countries – France, for example, has a strong privacy culture around image rights under Article 9 of the French Civil Code – the UK doesn’t have such a strong tradition of image rights.

This means there is little an individual can do to prevent an image of themselves from being circulated freely online unless it’s deemed to fall within limited legal protection. For example, in relevant circumstances, an individual may be protected under section 33 of the Criminal Justice and Courts Act 2015, which addresses image-based sexual abuse. Legal protection may also be available if the image is deemed to contravene copyright or data protection.

On the one hand, the freedom to photograph is fiercely defended, largely by the media and photographers. On the other, private, unwanted, or humiliating photographs can cause significant upset and distress.