privacy photography right-of-publicity
Can a celebrity sue someone who takes obnoxious pictures/videos of him in public and uploads onto internet without his permission?
<p>Suppose a celebrity digs his nose or scratches his private part because of sudden itch or performs some unsightly act in public. Someone takes his picture/video and uploads onto internet without his permission. The celebrity is shamed in public. By depicting the celebrity in an unflattering light, his value as a celebrity is diminished.</p>

<p>Can the celebrity sue for damages since the pictures/video were taken without his permission? His privacy has also been violated.</p>

<p>Assume celebrity is American.</p>

<p>As per <a href="https://law.stackexchange.com/questions/247/what-are-the-legal-repercussions-of-taking-a-strangers-picture-in-public">this question &amp; answer</a>, in the US there is no expectation of privacy in public places (not to be confused with private places where public is allowed e.g. supermarkets). Photos taken in public belong to the photo taker and he/she is free to use them in whatever way. No privacy is violated here.</p>

<p>The fact that the person whose photo was taken was a celebrity does not change anything. It would have been completely their fault to expect privacy in a public place and behave rashly.</p>

<p>If you're talking about the United States, the celebrity will lose this case:</p>

<ul>
<li>Being mildly embarrassed does not give rise to damages</li>
<li>The First Amendment allows us to gather and disseminate information, including photographic information;</li>
<li>The right to privacy does not cover the things you do in public, in front of cameras.</li>
</ul>

<p>Just because a person expects to lose a case may not stop them vexatiously suing you as a discouragement / punishment - if they can afford a big legal bill and you can't, just the threat of a big court case can be too much of a risk for a lot of people.</p>

<p>The UK courts in particular have been used for libel tourism as documented in Private Eye magazine - and they know plenty about libel!</p>
