When Someone's Photo Is Shared Without Permission
01 — UNDERSTANDING THE CASE: WHAT HAPPENED?
What Are the Facts?
Imagine a student named Alya attending a school event. One of her friends, Bima, takes a photograph of Alya using his mobile phone.
A few days later, Alya discovers that Bima has uploaded the photograph to social media without her knowledge.
Not only that, but Alya's photograph is later edited, given an embarrassing caption, and shared in a school WhatsApp group. Several other students also share the photograph, allowing more people to see it.
Alya feels uncomfortable, embarrassed, and harmed by the situation. She asks for the photograph to be removed, but Bima argues that it was taken on school grounds and that there is no prohibition against sharing it.
This raises an important question:
Does taking someone's photograph automatically give you the right to publish, edit, and distribute it?
Note: Alya and Bima are fictional characters. This scenario is an illustration created for legal education purposes.
02 — ISSUE: WHAT ARE THE LEGAL QUESTIONS?
Can someone legally take, edit, and distribute another person's photograph without permission?
Several legal questions need to be examined:
- Does a photograph showing someone's face qualify as Personal Data?
- Does the person who takes a photograph automatically have the right to distribute it?
- Can using someone's photograph to create a meme or content that humiliates them lead to legal consequences?
- Is there a difference between sharing a photograph to document an event and distributing it to humiliate someone?
- What happens if the person being photographed or the person distributing the photograph is under 18 years old?
03 — RULE: WHICH LAWS ARE RELEVANT?
1. Personal Data Protection
Law No. 27 of 2022 on Personal Data Protection (PDP Law)
Does a Facial Photograph Qualify as Personal Data?
Yes. A photograph that makes a person identifiable may qualify as Personal Data.
Article 1, point 1 of the PDP Law defines Personal Data as data concerning an identified or identifiable individual, either directly or through a combination with other information.
The PDP Law also recognizes biometric data as a category of specific Personal Data.
Facial images may qualify as biometric data when they meet the characteristics that enable the unique identification of an individual.
Does This Mean Every Photograph Shared Without Permission Automatically Violates the PDP Law?
Not automatically.
Several legal provisions need to be considered:
- Article 16: Personal Data processing includes obtaining, collecting, storing, displaying, announcing, distributing, disseminating, and disclosing information.
- Article 20: Personal Data Controllers must have a lawful basis for processing Personal Data. Consent is one recognized legal basis, but it is not the only one.
- Article 25: The processing of children's Personal Data requires the consent of parents and/or guardians in accordance with applicable laws and regulations.
- Article 65, paragraph (2): Prohibits any person from unlawfully disclosing Personal Data that does not belong to them.
It is important to understand that Article 2, paragraph (2) of the PDP Law excludes Personal Data processing carried out by individuals in personal or household activities.
Therefore, it is necessary to examine who is processing the data, for what purpose, and whether this exception applies.
2. When a Photograph Becomes an Insult
Law No. 1 of 2023 on the Criminal Code (KUHP)
What happens if a photograph is not merely shared, but is also edited and accompanied by words intended to degrade someone?
For example:
- "I AM EMBARRASSING"
- "I AM STUPID"
- "I HAVE NO SELF-RESPECT"
The photograph is then distributed through a WhatsApp group or social media.
Under certain circumstances, this conduct may raise legal issues concerning insults.
Article 436 of the Criminal Code
This article regulates minor insults, including those committed through writing or images that are broadcast, displayed, or posted in public places.
This provision may be considered when a photograph is used to degrade someone's honor without making an accusation concerning a specific act.
However, its application must still consider all the elements of the provision, including the form of the insult and how it was distributed.
What if the Photograph Includes a Specific Accusation?
If the photograph is accompanied by an accusation concerning an act that attacks someone's honor or reputation, Article 433 of the Criminal Code, which regulates defamation and written defamation, needs to be considered.
Article 441, paragraph (1) of the Criminal Code also regulates the possibility of increased criminal penalties when offenses specified in that article are committed using information technology.
Important: Not every photograph that makes someone feel embarrassed automatically satisfies the legal elements of an insult or defamation.
3. What if the Person Responsible Is Still a Student and a Minor?
Law No. 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA)
What happens if the person who creates and distributes the photograph is only 16 or 17 years old?
Being a student does not automatically eliminate legal responsibility.
Article 1, point 3 of the Juvenile Criminal Justice System Law defines a Child in Conflict with the Law as a child who has reached the age of 12 but is not yet 18 years old and is suspected of committing a criminal offense.
The Juvenile Criminal Justice System Law prioritizes a Restorative Justice approach.
Article 5 establishes the obligation to prioritize Restorative Justice within the Juvenile Criminal Justice System.
Article 7 regulates efforts to implement Diversion at certain stages when the legal requirements are met. These requirements include offenses punishable by imprisonment of less than seven years and offenses that are not repetitions of previous criminal acts.
Article 8, paragraph (1) provides that the Diversion process is carried out through deliberation involving the child and their parents or guardians, the victim and/or the victim's parents or guardians, Community Counselors, and Professional Social Workers, based on a Restorative Justice approach.
Article 21: Children Under 12 Years Old
If a child under the age of 12 commits or is suspected of committing a criminal offense, investigators, Community Counselors, and Professional Social Workers make a decision to:
a. Return the child to their parents or guardians; or
b. Include the child in an education, development, and guidance program at a government institution or a Social Welfare Institution (LPKS) operating in the field of social welfare, at either the central or regional level, for a maximum period of six months.
What does this mean?
Resolving cases involving children requires consideration of the child's age, the victim's interests, recovery, and the special mechanisms established under the Juvenile Criminal Justice System Law.
04 — APPLICATION: HOW DOES THE LAW APPLY?
Let us compare two situations.
Situation A — A Photograph Is Shared to Humiliate Someone
A student named Andi takes a photograph of his friend, Budi, while they are at school.
Without Budi's knowledge or consent, Andi edits the photograph into a meme by adding text that insults Budi's appearance.
Andi then sends the meme to a class WhatsApp group containing approximately 30 students.
Several students laugh, make negative comments, and forward the image to other groups. As a result, Budi feels embarrassed, loses confidence, and becomes uncomfortable when meeting his friends at school.
When Budi asks Andi to delete the image, Andi responds:
"Relax! It's just a joke. I didn't make any money from it."
Andi believes that his actions do not violate the law because they were not intended for commercial purposes and were only meant as a joke.
Legal Analysis
The conduct may raise legal issues concerning the use of Personal Data and possible insults.
Article 65, paragraph (2) of the PDP Law may be considered if Personal Data was unlawfully disclosed and the provision applies to the processing activity involved.
Article 433 of the Criminal Code — Defamation and Written Defamation
If the photograph is accompanied by an accusation concerning a particular matter that attacks Budi's honor or reputation and is intended to become publicly known, Article 433 may be examined.
For distribution through images or written material to the public, Article 433, paragraph (2) regulates written defamation.
It is important to distinguish between words that merely insult someone and conduct that constitutes defamation.
Defamation requires an accusation concerning a particular matter.
Article 436 of the Criminal Code may also be examined if the content and manner of distribution satisfy the elements of a minor insult.
However, concluding that a criminal offense has occurred still requires an examination of the facts and relevant legal elements.
What Can Students Learn From This Situation?
For students and teenagers, editing a friend's photograph into a meme or sticker may be considered a form of humor in everyday social interactions.
However, we need to understand that not everyone accepts jokes in the same way.
Something that one person finds funny can become an embarrassing or hurtful experience for someone else.
This case teaches us that:
1. Respect Is Important
Taking someone's photograph does not mean we are free to use and distribute it for any purpose.
2. Jokes Have Boundaries
Jokes should not be used to insult, humiliate, or degrade someone's dignity.
3. Non-Commercial Does Not Mean Consequence-Free
Not earning money from an action does not mean that the action has no legal consequences.
4. Think Before Sharing
Once a photograph has been distributed, it may be forwarded to many people and become difficult to control.
5. Take Responsibility
If we make a mistake, we should be willing to stop the distribution, remove the content, apologize, and help repair the harm that has occurred.
A joke should make everyone laugh, not make someone become the joke.
Situation B — A Photograph Is Shared to Report Bullying
A student named Nabila experiences repeated bullying at school.
Several classmates often make fun of her appearance, hide her belongings, and exclude her from group activities.
One day, when the bullying happens again, her friend Rina witnesses the incident and takes a photograph using her mobile phone.
The photograph shows several students mocking Nabila and one student taking her belongings.
Concerned about Nabila's well-being, Rina privately sends the photograph to Nabila's parents and homeroom teacher as evidence to report the incident.
Nabila's parents then ask the school to investigate the situation and take protective measures to prevent similar incidents from happening again.
However, one of the students appearing in the photograph objects.
The student argues that their photograph was shared without permission and that this constitutes a violation of privacy.
Rina explains that she had no intention of embarrassing anyone. She only wanted to help Nabila receive protection and stop the bullying.
This situation raises an important question:
Can someone share another person's photograph without permission when the purpose is to report bullying and protect a victim?
Legal Analysis
The purpose of sharing the photograph is to report suspected bullying and obtain protection for Nabila.
The recipients of the photograph are also relevant parties who can help address the incident.
Sharing evidence in a limited manner cannot automatically be treated as equivalent to distributing a photograph on social media to humiliate a student.
In this situation, the purpose, necessity, relevance of the photograph, and people receiving the information are important considerations.
Providing the photograph as part of a report has a clear purpose: to assist an investigation and obtain protection.
Evidence should be presented completely, remain relevant, and not be altered in a misleading way.
The recipients must also protect the confidentiality of the victim's identity, the reporting person's identity, and the Personal Data of the students involved.
Note: Nabila and Rina are fictional characters. This scenario was created for legal education purposes and does not represent a real-life legal case.
Why Is This Situation Important for Students and Teenagers?
For students and teenagers, experiencing bullying is not easy.
Victims often feel afraid, embarrassed, or worried about reporting what they have experienced.
Some students even choose to remain silent because they do not want to be seen as someone who constantly complains.
However, seeking help when experiencing bullying is not wrong.
This case teaches five important lessons.
1. Speaking Up Is Not Wrong
Reporting bullying does not mean trying to bring someone down or humiliate them.
Reporting is one way to protect yourself and stop harmful behavior.
2. Evidence Can Protect You
Photographs, videos, screenshots, and digital messages can help explain what happened.
However, evidence must be kept authentic and provided to the appropriate parties.
3. Report, Don't Revenge
When you see a friend being bullied, do not respond by distributing photographs of those involved as a form of revenge.
Use evidence to seek help, not to create another form of bullying.
4. Privacy and Protection Can Work Together
Respecting privacy does not mean we must remain silent when witnessing behavior that puts someone at risk.
We can report an incident while limiting the disclosure of personal information.
5. Every Student Deserves to Feel Safe
Every student has the right to learn, make friends, and participate in activities in a safe environment without fearing that they will become a victim of bullying.
The Big Lesson
Protecting someone's privacy and reporting harmful behavior are not opposing principles.
We can protect the victim, preserve the evidence, and respect everyone's dignity at the same time.
What Should Students Do?
How to Report Bullying Responsibly
If you experience or witness bullying:
1. Save the Evidence
Save photographs, videos, screenshots, dates of incidents, and other relevant information.
2. Keep the Original File
Do not edit or alter the original evidence. If it is necessary to conceal someone's identity in a particular copy, keep the original document unchanged.
3. Share With the Right People
Provide the evidence to parents, a homeroom teacher, a designated teacher, or the school principal.
4. Protect Everyone's Privacy
Do not upload photographs of victims, witnesses, or reported students to social media simply to humiliate them.
5. Ask for Protection
Ask the school to take action to stop the bullying and protect the victim's safety.
6. Report Further When Necessary
If the case involves a suspected legal violation or is not handled appropriately, use the relevant referral mechanisms and contact the appropriate authorities according to the circumstances.
YOUTH IMPACT
Why Does This Case Matter to Young People?
A photograph may seem harmless when it is first taken.
However, when someone's image is edited, shared, and used to humiliate them, its impact can extend far beyond the original photograph.
This case teaches three important lessons.
1. Your Face Is Part of Your Identity
A person's face is not simply an image that can be freely used for every purpose.
2. Digital Sharing Has Consequences
Taking, editing, and distributing a photograph are different actions that need to be considered separately.
3. Respect Is Part of Digital Responsibility
The freedom to use social media must be accompanied by the responsibility to respect other people's rights and dignity.
Being digitally responsible means knowing when to share—and when not to.
WHAT SHOULD TEENS DO?
The 5-Second Photo Check
Before taking, editing, or sharing someone's photograph, ask yourself:
1. Permission
Does the person know about and allow the use of their photograph?
2. Purpose
What is the photograph being used for?
3. Audience
Who will see the photograph?
4. Editing
Will the photograph be edited, given a caption, or placed in a different context that could harm someone else?
5. Impact
How would the person feel if the photograph were distributed?
If you are unsure:
ASK FIRST. THINK BEFORE SHARING.
THE GOLDEN RULE
"Taking someone's photo does not mean owning their identity."
In the digital world, we need to understand the differences between:
- Taking a photograph.
- Owning the copyright.
- Using someone's portrait.
- Processing personal data.
- Sharing content publicly.
- Respecting another person's dignity.
Each of these actions may raise different legal issues.
LEXYOUTH LEGAL TAKEAWAY
Before you share someone's photograph, ask:
- Whose photo is this?
- Do I have a lawful reason to use it?
- Who will see it?
- Could it harm someone's dignity?
- Is there a safer way to handle it?
Respect Privacy. Protect Identity. Share Responsibly.
Think before you click.
Ask before you use.
Respect before you share.
MAIN LEGAL REFERENCES
1. Law No. 27 of 2022 on Personal Data Protection
- Personal Data and biometric data.
- Lawful bases for processing Personal Data.
- Processing of children's Personal Data.
- Prohibition against the unlawful disclosure of Personal Data.
2. Law No. 28 of 2014 on Copyright
- Definition of a portrait.
- Copyright in photographic works.
- Use of portraits for commercial purposes.
3. Law No. 1 of 2023 on the Criminal Code
- Article 433: Defamation and written defamation.
- Article 436: Minor insults.
- Article 441: Increased penalties related to the use of information technology.
4. Law No. 11 of 2012 on the Juvenile Criminal Justice System
- Restorative Justice.
- Diversion.
- Handling children in conflict with the law.
5. Law No. 35 of 2014 on the Amendment to Law No. 23 of 2002 on Child Protection
- Protection of children from violence and discrimination.
- Protection of children in educational environments.
DISCLAIMER
This content was prepared by LEXYOUTH for educational and legal literacy purposes.
The scenarios used are illustrative and do not represent reports of real-life legal cases.
This article does not constitute legal advice or a determination that any individual has committed a legal violation.
A legal assessment of an actual incident requires an examination of the relevant facts, evidence, applicable legal provisions, and relevant context.