This is a very important question especially in today’s society as a picture which one shares online within moments can reach the other side of the world and cause that person good or bad.
In general, a person should always be aware that when they walk in the street or attend public gatherings, there may be people looking at them or taking pictures.
[1] Being that Legally, one may photograph someone on public property without their permission; if they are on private property, the law varies based on the country and how private the place is (e.g. in a house vs. on the porch).
In addition, there is a discussion amongst halachic authorities if the photograph of someone belongs to the person photographed or to the photographer,
Some
poskim hold that photographing someone is comparable to drawing a picture and is considered the handiwork of the photographer. According to this, the photographer may use the picture and even do business with it without the permission of the person photographed.
[2]
While other
poskim argue that it is prohibited to photograph a person without their permission due to various reasons. Some are stringent to avoid being photographed out of
halachic and
kabbalistic concerns and one may not inflict this spiritual damage to them against their desire.
[3] The “Rogatchover Gaon” argued that benefiting from another person’s appearance is a
halachic “benefit” and may not be done if the person disapproves.
[4]
Sometimes there is actual monetary value and potential profit that the one photographed could have made from his portrait, and some argue that taking this from them could be a form of theft.
[5]
As this is a halachic argument the ruling in monetary issues is that if there is a halachic disagreement we do not have the ability to impose the halacha on either side, and therefore in practice we cannot stop the photographer from making profit from the photo.
Yet another important issue which we need to discuss here is the fact that sharing someone’s photo can cause him embarrassment.
Hence, if the photo in question will cause someone harm or embarrassment, you may certainly not share it or show it to anyone. Sharing such a photo transgresses the
mitzva of loving your fellow as yourself, and additionally, it is like relating something disparaging about someone,
lashon hara.
[6] And in addition the Torah also forbids hurting someone’s feelings,
ona’ah.
[7]
Even if it is a relatively benign picture, like someone on a trip, you must take into account if the one photographed would want this to be the first impression that others have of them. And therefore, even in a situation where sharing the photo is actually to help them (for example to find a good shidduch) one should take into account what they would want , This is included in the saying of Hillel, “Don’t do to others what you wouldn’t want done to yourself.”
[8]
In practice, one is allowed to share a respectable picture of someone else,
yet it is always best to obtain permission from the one photographed as they might have a better photo which that will service their interest better.
