Can I post other people's photos on social media?
Generally no, without the consent of the person photographed. Posting on social media or the internet a photo of another person generally requires their consent: this is required by image rights (art. 10 of the Civil Code) and privacy rules (GDPR). For minors, protection is even stronger: you need the consent of both parents and must avoid spreading images that expose them. There are exceptions where consent isn't needed: public figures performing their function, public events of interest, news or justice purposes — always respecting the person's dignity. Even with an exception, you can't spread images that harm honour or reputation. Those photographed can request removal.
📋 The rules
- Generally, the consent of the person photographed is needed
- Basis: image rights (art. 10 c.c.) and privacy (GDPR)
- Minors: reinforced protection, consent of both parents
- Exceptions: public figures, public events, news, justice
- Banned: spreading images that harm honour or reputation
🔓 Exceptions
- Public figures performing a public function
- Events, gatherings and public places of general interest
- News, teaching or justice purposes, respecting dignity
⚠️ Penalties & fines
Posting a person's photo without consent, outside the exceptions, violates image rights and privacy: the person can request removal and compensation, and report to the Data Protection Authority. Consequences worsen if the image harms honour or reputation, involves minors or has intimate content (the non-consensual sharing of sexually explicit images — so-called "revenge porn" — is a crime). Before posting, ask for consent, pay attention to minors and respect the dignity of the people photographed.
📎 Official sources
- Garante Privacy · Images, social media and photo sharing →
- Normattiva · Civil Code (image rights, art. 10) →
- Normattiva · Criminal Code (unlawful sharing of images, art. 612-ter) →
❓ Frequently asked
Can I post a friend's photo on social media?
Generally you need their consent. Image rights and privacy require the person photographed to consent to publication. If the friend doesn't want to appear, you can't spread their photo; otherwise they can request removal and, in some cases, compensation.
Are there special rules for minors' photos?
Yes, protection is reinforced. To post a minor's photo you need the consent of both parents, and you must avoid spreading images that expose them or harm their dignity. Even between separated parents, publication needs both their agreement.
When is consent not needed?
In some exceptions: public figures performing their public function, public events and gatherings of interest, news, teaching or justice purposes. Even then, though, you can't spread images that harm honour or reputation.
What's the risk if I post a photo without consent?
The person photographed can request removal and compensation, and report to the Data Protection Authority. Consequences worsen if the photo harms honour, involves minors or has intimate content shared without consent, which can be a crime.
Can I post photos taken in a public place?
It depends. Images of events and public places of general interest may fall under the exceptions, but if a person is clearly identifiable and in the foreground, it's prudent to ask for consent. You still can't spread images harming others' dignity.
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