Is it Legal to Use Someone’s Photo Without Permission on Social Media?

Using someone’s photo on social media without consent can be illegal in India. The Supreme Court has recognised the right to privacy as part of Article 21.

Courts have said that unauthorised use of a person’s image can violate privacy, especially when it causes embarrassment, misuse, or commercial gain.

If the photo is edited, misleading, or harms reputation, courts have treated it as defamation.

Sharing private images may also attract action under the Information Technology Act. In commercial or promotional posts, consent is essential. Public availability of a photo does not mean free permission to use it.