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"Advice please, some toe rag has joined the site, spotted our profile, screen shot our pics and sent them to everybody work, has anybody suffered this, and know the legal implications, we have the disclaimer at bottom of our profile, but no idea how legal it is, we has been brought to our bosses attention and they are looking into who might have started posting them, we have set profile to private for time being, not embraced by our pics, but unsure what to do if comments and snide remarks start??? " the disclaimer is rubbish fab even tells you this | |||
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"Thanks for advice so far, it's more for my girlfriend she is 36 and will have to work with/around these so called men, I'm 56 and proud as punch hi 5 me I say, her boss has said if it gets out of hand he can involve the police, so just waiting to see how they react, thanks for the support, we both know most people on here are genuine, but like most good things always someone wants to spoil it " Her boss seems to be a good support Personally I would laugh it off and answer some of there questions,vanilla are so intrigued by swinging I wouldn't be bothered with police,I would just have to face it head on,say openly you think whoever spotted us is obviously a secret swinger too | |||
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"Once you put photos on the internet, they are out there where anyone can get to them and pass on to anyone else. Before any kind of legal process could be considered, you would have to prove this was done out of malice. This would be easier to prove if you're photos were taken from a camera and the culprit had uploaded them to the internet, but given you put them out there, this would be a lot harder to prove. The best course of action would be to ignore it, but if anyone who has seen the pictures holds them against you, they would potentially be guilty of sexual harassment. Given that you put the pictures out there though, you would need a very open minded boss to back you up over your colleagues though." | |||
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"Once you put photos on the internet, they are out there where anyone can get to them and pass on to anyone else. Before any kind of legal process could be considered, you would have to prove this was done out of malice. This would be easier to prove if you're photos were taken from a camera and the culprit had uploaded them to the internet, but given you put them out there, this would be a lot harder to prove. The best course of action would be to ignore it, but if anyone who has seen the pictures holds them against you, they would potentially be guilty of sexual harassment. Given that you put the pictures out there though, you would need a very open minded boss to back you up over your colleagues though." You don't have to prove malice, just that the perpetrators intention is to cause stress or embarrassment. That's quite easy to prove; in reality why else would anyone post photos like these publicly. | |||
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"If they were distributed by whatsapp then surely everyone who received them has the phone number of the offending party. Shouldn't be that hard to track down the culprit." This, Its obvious who shared them, the employer should be going down the disciplinary route and you should be contacting the police | |||
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"I'd go straight to the police with it, no idea if it falls under the revenge porn law but I'm guessing that what was done is illegal. On the personal side, you've got to own it. Head held high and don't act ashamed or embarrassed otherwise the person who sent the pics has won." Definitely is! Happened to me but with family | |||
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"How were they distributed to work colleagues. I'd seek HR advice and potentially raise this with the police to investigate. Disclaimer means nothing and doesn't stop people illegally re-distributing your pics. Did you have face pics up from which you were identified?" They would be sacked right away in my workplace for sharing the photos. Yes raise it with your HR as per advice above, they have to do something. Good luck and i hope you have a good outcome. | |||
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"If they were distributed by whatsapp then surely everyone who received them has the phone number of the offending party. Shouldn't be that hard to track down the culprit." I was just thinking exactly the same thing | |||
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"I had a similar thing happen. I had a big disagreement with a colleague that I was very friendly with. (I am straight, she is Bi and when she came into me and i brushed her off she did not like it) I reported her for inappropriate behaviour in work (related to something else) and when she found out about it, she shared a video of me and a mutual male friend/fb that we had both been with and made false allegations against me.The video was shared with HR and my area manager (The mutual male had shared the video with her via Whats'app) I have raised a grievance against her, but I am so furious and I am thinking of going to the police but I don't know where I stand. I'm not sure that I want the shame of going to the police. " Judging by the support and advice we have been given, got straight to the police, it's more than likely everybody has seen it so nothing to hide, we have had great support from people we know St work today and the majority think it's bang out of order, | |||
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"Police matter for sure " Yes .... They take it very seriously these days | |||
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"I don't think revenge porn would apply. The images where taken from a public Internet site. You've no realistic expectation of privacy. However it would certainly be gross misconduct to spread porn graphic pics of coworkers in the work place, so can get them sacked at least" it doesn't matter where the photos are.. what matters is were they distributed to cause distress or embarrassment.. | |||
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"I don't think revenge porn would apply. The images where taken from a public Internet site. You've no realistic expectation of privacy. However it would certainly be gross misconduct to spread porn graphic pics of coworkers in the work place, so can get them sacked at least it doesn't matter where the photos are.. what matters is were they distributed to cause distress or embarrassment.." Which would be hard to argue given they where freely published for all to see. | |||
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"Our first post on the Forum (and we made a mistake doh!) we didn't expect it to be on a topic like this though. What is this? Bullying that's for sure. Possibly harassment? The Equality Act 2010 may be your friend (sexual orientation is a protected characteristic). But its a bit thin on that one. Defamation of character that's for sure. All in all, it is down right nasty. Personally I would lodge a formal grievance which will kick-start an investigation by HR. Also as other people have said, consider going to the Police and show this horrible person his behavior is not acceptable in today's society. Most importantly, stay strong and don't let it get you down." You can't defame people by saying/sharing the truth. It has to be a lie. | |||
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"Advice please, some toe rag has joined the site, spotted our profile, screen shot our pics and sent them to everybody work, has anybody suffered this, and know the legal implications, we have the disclaimer at bottom of our profile, " The disclaimer means one thing and one thing only you do not understand the law. That gives the green light to any who wish to abuse you by giving them the confidence you would not know how to take action against them. | |||
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"If they were distributed by whatsapp then surely everyone who received them has the phone number of the offending party. Shouldn't be that hard to track down the culprit." | |||
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"Section 33 of the Criminal Justice and Courts Act 2015.... Disclosing private sexual photographs and films with intent to cause distress (1)It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made— (a)without the consent of an individual who appears in the photograph or film, and (b)with the intention of causing that individual distress. " The issue here is if photos on a public place are considered private. If I found photos of Donald Trump while browsing the internet ,of him going down on Hurry Clinton and I emailed them to everyone in the White House, would that be revenge porn? I doubt. Remember a year or so ago. The Deputy speaker of the House of Commons with hookers...Very embarrassing but he's still at his job and noone was ever prosecuted. | |||
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"Section 33 of the Criminal Justice and Courts Act 2015.... Disclosing private sexual photographs and films with intent to cause distress (1)It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made— (a)without the consent of an individual who appears in the photograph or film, and (b)with the intention of causing that individual distress. So regardless that the images are already on the internet, it is the purpose they are distributed that causes the offence to be committed. If it is a malicious act, then they have committed a crime. While laughing it off can be all well and good and not require the hassle of police investigations etc, do so, just lets the perpetrator off and they can easily go on and do it again. I would certainly go to the police, you are entitled to keep your private life private." Except the very first sentence says "disclose a private sexual photograph". A photo that the subject has willingly put up on the Internet to be viewed by anyone can't be seen as private. After all anyone from the OP's work could have come across the image on thier own. | |||
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"Section 33 of the Criminal Justice and Courts Act 2015.... Disclosing private sexual photographs and films with intent to cause distress (1)It is an offence for a person to disclose a private sexual photograph " Nothing published to the open internet is private, and fab profiles are on the open internet, the legal definition of the act is "published" Chances are (I haven't read the fab T&C that closely) that by publishing them to someone elese's website, like fab, as opposed to your own domain and website, you also passed over both IP and copyright of those photos, so you can't even sue the person from breach of copyright... When will people learn, if you want it to stay private, keep it private, and never let it anywhere near the internet... some of us have no identifiable pics for a reason. | |||
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"Section 33 of the Criminal Justice and Courts Act 2015.... Disclosing private sexual photographs and films with intent to cause distress (1)It is an offence for a person to disclose a private sexual photograph Nothing published to the open internet is private, and fab profiles are on the open internet, the legal definition of the act is "published" Chances are (I haven't read the fab T&C that closely) that by publishing them to someone elese's website, like fab, as opposed to your own domain and website, you also passed over both IP and copyright of those photos, so you can't even sue the person from breach of copyright... When will people learn, if you want it to stay private, keep it private, and never let it anywhere near the internet... some of us have no identifiable pics for a reason. " And for that same reason I never send a face photo, even if that costs me a loss of a meet. | |||
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"Section 33 of the Criminal Justice and Courts Act 2015.... Disclosing private sexual photographs and films with intent to cause distress (1)It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made— (a)without the consent of an individual who appears in the photograph or film, and (b)with the intention of causing that individual distress. So regardless that the images are already on the internet, it is the purpose they are distributed that causes the offence to be committed. If it is a malicious act, then they have committed a crime. While laughing it off can be all well and good and not require the hassle of police investigations etc, do so, just lets the perpetrator off and they can easily go on and do it again. I would certainly go to the police, you are entitled to keep your private life private. Except the very first sentence says "disclose a private sexual photograph". A photo that the subject has willingly put up on the Internet to be viewed by anyone can't be seen as private. After all anyone from the OP's work could have come across the image on thier own." Did the OP publish a "private sexual photograph" or did they just have pic which identified them on a swingers' site? The offence comes from the disclosure, not how that photograph was sourced. | |||
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"Section 33 of the Criminal Justice and Courts Act 2015.... Disclosing private sexual photographs and films with intent to cause distress (1)It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made— (a)without the consent of an individual who appears in the photograph or film, and (b)with the intention of causing that individual distress. So regardless that the images are already on the internet, it is the purpose they are distributed that causes the offence to be committed. If it is a malicious act, then they have committed a crime. While laughing it off can be all well and good and not require the hassle of police investigations etc, do so, just lets the perpetrator off and they can easily go on and do it again. I would certainly go to the police, you are entitled to keep your private life private. Except the very first sentence says "disclose a private sexual photograph". A photo that the subject has willingly put up on the Internet to be viewed by anyone can't be seen as private. After all anyone from the OP's work could have come across the image on thier own. Did the OP publish a "private sexual photograph" or did they just have pic which identified them on a swingers' site? The offence comes from the disclosure, not how that photograph was sourced." It was not a private sexual photograph though it was a public sexual photograph that the op had chosen to share with everyone. If it had been sent via pm/whatsapp fair enough but public images are just that public. (Depending on the sites t&c they may belong to fabswingers now much like Facebook pics can be used for anything by FB) | |||
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"One other thing to consider I was recently told on another forum is HR is not your friend. It may be easier and preferable for them to get rid of you then take action against whomever shared the photos." You'd have to be incredibly useless and the other rperson incredibly useful for it to be in a companies best interests to open themselves up to that legal hell | |||
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" Chances are (I haven't read the fab T&C that closely) that by publishing them to someone elese's website, like fab, as opposed to your own domain and website, you also passed over both IP and copyright of those photos, so you can't even sue the person from breach of copyright... " Just wanted address this bit. This is absolutely not true. Any creative work that you produce, and this includes photography, remains your copyright unless it is explicitly assigned to someone else (such as work carried out on a contract for someone else). A website cannot automatically assume copyright of an image uploaded to their site unless there is a particular clause in the contract. Whether you'd have the funds to pursue it through the courts is another matter. | |||
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