is this identity theft?

Question

THIS GUY CHEATED ON MY FRIEND AND SAID A LOT OF OTHER LIES. SHE WANTS TO MAKE A ONLINE PROFILE ABOUT HIM ON THE WEBSITE THEY MET ON AND EXPLAIN SOME OF THE THINGS THAT HAPPEND DURING THERE RELATIONSHIP. SHE WOULD NEED TO USE HIS PICTURE. SHE WOULDNT USE HIS NAME OR ANY OTHER PERSONAL INFORMATION BUT HIS PICTURE AND TALKING ABOUT HOW HE IS A CHEATER ON A NEW PROFILE AND SEND A LITTLE MESSAGE TO WARN OTHER WOMEN ABOUT HIM IS THIS CONSIDERED ILLEGAL? THANK FOR THE HELP

THE PICTURES ARE PICTURES THAT SHE TOOK WITH HER CAMERA IF THAT MATTERS

Answer 1

Sounds a little childish to me...tell your friend to get over it and move on.

Answer 2

it's not identity theft, but if you use too many identifying features, it is considered defamation and/or libel of character. He could sue.

found at dancingwithlawyers.com:

Defamation is written or spoken injury to a person or organization's reputation. Libel is the written act of defamation, vs. slander, the oral act of defamation.

Avoid the impression of malice.

State the facts, and then state your opinion separately. This keeps things clear in your mind.

All wrong: "My neighbor John Smith is a stinking lush." This is wildly defamatory: an unproven, judgmental ("stinking" and "lush" instead of "alcoholic") statement about a private individual.

Getting better: "Governor Smith consumed 14 glasses of whiskey last night at The Watering Hole Bar. In my opinion he's an alcoholic." The proof is a bit hazy – getting drunk once does not prove alcoholism – but a governor is a public figure with less protection than John Smith, you have clearly separated fact from opinion, and there is no particular evidence of malice.

Pretty safe: "Governor Smith consumed 14 glasses of whiskey last night at The Watering Hole Bar. I wouldn't be surprised to learn he's an alcoholic." This is entirely fact, with no clear evidence of malice, about a public figure.


Hope that helps

Answer 3

Technically, that is not identity theft. Identity theft is stealing someone's social security number and using it to get credit cards, etc. What you are talking about sounds like an invasion of privacy to me. Ask yourself, would you want someone to do this to you? How would it make you feel?

Answer 4

I'm not sure if it is illegal or not. But unless she is claiming to actually be him---it's not identity theft. If she does claim to be him, even to using his name to sign up for the website (even though it remains private), it IS Identity Theft, and she can be in a lot of trouble.

Answer 5

No its not identity theft because she's not pretending to be him for personal or financial gain. But he could sue her for using his picture without his permission and ruining his reputation, kind of like libel

Answer 6

Yes, your friend can be sued! This is defamation of character, for putting his information out on the world wide web. She should think twice before doing so.

Answer 7

Tell your girlfriend not to do it. If she puts his picture on line without his approval, he can sue her for defamation of charachter. Of course there is a "burden of proof", but it just isn't worth it. It is also a very childish thing to do.

Answer 8

it isn't identity theft but he could sue her for it. He would have to prove that it was her that did it though. If she just haaassss to do it if it were me I would use a public computer to do it....lol

Answer 9

It's not identity theft - it's defamation of character.

Answer 10

no, but it's a really good idea for revenge!!