Q: Am I legally responsible if harm comes to a friend due to a photo I sent online?

I had an online conversation with someone who expressed interest in joining a militia in the Middle East. During our conversation, he asked me for a photo, and in a panic, I sent him a picture of a high school friend that I found on Facebook. I have not contacted any authorities, and I do not believe the photo can be directly linked to my friend. If my friend, who is located in Singapore, were to be harmed by this individual or his associates, could I be held legally responsible?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation raises several concerning legal issues that intersect privacy law, international jurisdiction, and potential criminal liability. Sharing someone else's photo without their consent could potentially violate various privacy laws, including California's right of publicity statutes and Singapore's Personal Data Protection Act. The fact that you knowingly shared this photo with someone expressing interest in joining a militant organization adds another troubling dimension to the situation.

From a liability perspective, you could potentially face both civil and criminal exposure if harm comes to your friend. The legal concept of "proximate cause" would be examined to determine if your actions created a foreseeable risk of harm, and courts may consider whether a reasonable person would have anticipated potential danger from sharing the photo in these circumstances. Moreover, if authorities determine your actions assisted someone with potential terrorist affiliations, this could trigger serious criminal investigations under anti-terrorism statutes.

Given the international aspects of this situation, multiple jurisdictions' laws may apply simultaneously, creating a complex legal landscape. Your friend in Singapore might have legal recourse under Singapore law, while you could face potential liability under California law, federal U.S. law, and possibly international legal frameworks depending on the ultimate consequences. We strongly recommend immediately consulting with an attorney who handles international matters and potentially reporting this situation to appropriate authorities to mitigate potential legal consequences.

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