Can You Legally Post a Picture or Video of Someone Else on Social Media Without Their Permission?

Based on the popularity of the Can I Sue if Someone Uses My Picture or Name Without Permission? blog post, we decided to provide a bit more information on the topic - especially in light of the increasing popularity of posting others online for entertainment.

Snapping a photo and sharing it on social media is second nature these days. However, if someone else is in the picture, can you legally post it without their permission? In the United States, the answer depends on a few key factors, including where the photo was taken, how it’s used, and the reasonable expectations of privacy.

Public vs. Private Settings: Where You Took the Photo or Video Matters

If you're filming or photographing in a public space, like a park, street, or beach, it's generally legal to capture images or videos of people without their consent. In public, individuals typically do not have a reasonable expectation of privacy.

However, private settings, like someone’s home, a private party, a school, or a restroom, are a different story. If a person is in a location where they reasonably expect privacy, recording or posting content without permission could violate their legal rights, and may even lead to criminal charges under wiretapping or surveillance laws, depending on the state.

Recording Audio? Watch Out for Consent Laws

When it comes to videos that include audio, the legal landscape becomes even more complex. Some states (like New York or Georgia) are "one-party consent" states, meaning only one person involved in the conversation needs to know it's being recorded (which can be the person doing the recording).

But other states, like California, Florida, and Illinois, are "two-party consent" (or "all-party consent") states. In those states, you need everyone involved in a private conversation to consent to being recorded. Violating these laws could result in civil penalties or even criminal charges.

So if you're posting a video with recorded conversations or audio where someone didn’t know they were being recorded, you may be breaking the law, especially in private settings.

Right of Privacy, Right of Publicity & Defamation

Just like with photos, videos raise legal concerns involving:

• Right of Privacy: Sharing a video of someone in a compromising, sensitive, or private moment without consent may violate their privacy rights, especially if taken in a private setting.

• Right of Publicity: Using someone’s likeness, whether in a photo or video, for commercial gain (like promoting a product or brand) without their permission can lead to legal claims, even if the person is not a celebrity.

• Defamation: If a video is edited, captioned, or framed in a way that portrays someone falsely and harms their reputation, you could face a defamation lawsuit.

Posting Videos of Children: Extra Caution Required

Whether it's a birthday party, school performance, or playground scene, filming or posting children without permission is risky. While not always illegal if filmed in public, doing so without a parent or guardian’s consent can lead to backlash, platform takedowns, or even legal action under state child protection or privacy laws. Schools and youth organizations also often have their own consent policies.

Social Media Platform Rules May Be Stricter Than the Law

Even if a post is technically legal under U.S. law, it can still violate the terms of service of platforms like Instagram, TikTok, Facebook, or YouTube. Most platforms prohibit:

• Posting content that invades someone’s privacy.

• Sharing videos of minors without proper consent.

• Harassment or targeting individuals without their permission.

Violating these policies could lead to your post being taken down or your account being suspended.

Best Practices for Posting Photos and Videos of Others

To protect yourself legally and ethically, follow these guidelines:

✅ Get permission, especially in private settings or when someone is clearly the subject of your content.
✅ Don’t record private conversations without understanding your state’s consent laws.
✅ Avoid using anyone’s image or voice for commercial purposes without written consent.
✅ Respect takedown requests if someone asks you to remove content featuring them.
✅ Be mindful when children are involved—always ask a parent or guardian.
✅ Use captions responsibly, avoiding misleading or harmful language.

In the U.S., it’s usually legal to record or photograph people in public, but posting that content online (especially on platforms like Instagram or TikTok) can trigger legal issues, particularly when privacy, consent, or commercial use is involved.

Photos and videos are powerful tools, and with that power comes responsibility. When in doubt: ask before you post. Not only does it protect you legally (P.S.: it’s also the respectful thing to do).