What legal route could the person take if their ex is using videos and images that include them on her OnlyFans and is making money from this without consent? | LawHive - Solicitors & Lawyers Online
What legal route could the person take if their ex is using videos and images that include them on her OnlyFans and is making money from this without consent?
So to give further context, I was approached by a female mutual friend who let me know that my ex-gf has been using photos and videos of our time together to post on her OnlyFans. I decided to dig further and paid for a subscription in order to see if what I was told was totally bs, low and behold, it wasn't and there is multiple uploads of which I am clearly identifiable. My face appears in a few, as well as my body and tattoos. I have written a complaint to Onlyfans to have these removed as there was no prior consent and I am currently awaiting a reply. Which I hope will ultimately result in her account being deleted. So before her account potentially gets suspended, I have screenshotted everything that contains my image, body or tattoos as evidence that these were uploaded without permission. I am only 19 years old and have 0 knowledge what legal route could I take as IANAL and have no clue where to start. I'm also finding it extremely difficult to approach friends and family about the subject and haven't spoken with anyone apart from the mutual friend who informed me. What would be the best way to apprach this? Would it be best to go to the police even if I decide I do not want to pursue criminal charges? tl;dr - ex is using videos and images that include me on her OnlyFans and is making money from this without consent.

Ronald Butterfield

28th September 2021



Top Answer
Your angle here is likely copyright (if you took the pictures - if she took them then no luck) and relying on OnlyFans' policy. This is unlikely to fall under revenge porn laws as you need to prove intent to cause distress/humiliation (the intent is what matters, not the impact).

Veronica Muncy

29th January 2022



Revenge porn is out of the window unless they are doing it with the intention to cause you distress (see s.33(1)(b) of the Criminal Justice and Courts Act 2015). Your two routes here are: * copyright - if you were the one who filmed or produced the video you would probably own the copyright in it (even if jointly) and this upload would be infringement Good thing here: you can ask for an account of profits if you were to succeed in a claim, so as part of your settlement negotiations, you'd take a large cut of the Onlyfans profits when coming to an agreement about damages * misuse of private information/breach of privacy Clearly Article 8 would be engaged here - you didn't film this as part of a commercial operation, I assume? - no one sensible is going to say you didn't have a reasonable expectation of privacy in the videos. I think it very unlikely that she has any countervailing right that outweighs yours, especially as she's doing it to make money. In which case you can sue for damages and injunction in respect of how the videos have been disseminated. An interesting point here is whether an account of profits would be suitable or some other measure (and this would be a quite technical aspect of law) - but that's going for be for solicitors to argue the toss about if it got that far. Suffice to say, there will be damages, and you can argue as to what they are. If you can't come to an arrangement with her (profit sharing?) then see a solicitor.

Patricia Garcia

29th January 2022



Your post doesn't state whether you've contacted her and asked her to take them down?

Ethel Mackey

29th January 2022



If you are 19 now, how old were you in the pictures/videos? How old was she?

Victor Welch

29th January 2022



Report this to the police, document it and report it. This could easily fall under revenge porn

Cole Redd

29th January 2022



She is committing an offence by using your image without permission. Go to the police. Or threaten to sue OF that should get them taken down. You also want any SD cards, USB stick or any storage that contain your image This is serious.

Catherine Long

29th January 2022

Surely the intent to cause distress is implicit in the act - effectively she had these videos, knew that posting their private videos without OPs consent would likely cause distress, but posted them anyway even with the risk of being found out. I’d say that the intent is easily provable. Profit is one motive, but the thought that she may upset OP must have gone through her mind, however she carried out the posting regardless. ipso facto - revenge porn.

Kathy Miller

29th January 2022



https://revengepornhelpline.org.uk/ Try the above helpline. Don't rely on OF to help, websites are really bad at leaving up revenge porn

Eduardo Thompson

29th January 2022



Controversially, can I suggest getting in touch and telling her to take them down? Like, before getting the Police involved and getting your ex arrested for an offence that will unlikely go anywhere, maybe talk to her?

Gladys Garibay

29th January 2022

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