Your legal guide to the penalty for stealing personal photos
In the world of social media, a user’s personal photo is a gateway for others to get to know him and determine his identity, and therefore the penalty for stealing other people’s personal photos and impersonating their personalities or using them against them is one of the penalties that the anti-cybercrime system has paid great attention to to deter anyone who dares to violate the privacy of others.
Disclaimer: All information in this article is general legal information and does not replace the need to consult a specialized lawyer to help you solve your problem
What is the penalty for stealing personal photos in the Saudi law?
The law in Saudi Arabia is subject to a set of strict laws that govern the handling of personal photos and user privacy on social media sites. The matter does not stop at simple warnings, but rather moves towards real material and moral penalties that spread the scent of cybercrimes to serve as a strict warning, but for those who dare to steal or blackmail others in the world of the Internet.
Article 3 of the Anti-Cybercrime Law
The fourth paragraph of Article 3 of the Anti-Cybercrime Law is directly concerned with our topic, as it states the following: “Anyone who commits any of the following cybercrimes shall be punished by imprisonment for a period not exceeding one year and a fine not exceeding five hundred thousand riyals, or by one of these two penalties. ” The fourth paragraph of the article states: “Violating private life by misusing mobile phones equipped with cameras, or the like.”
This means that using your mobile phone camera to photograph others without their knowledge, or using your phone to steal their personal photos, exposes you to a severe penalty of either one year in prison, a fine of half a million Saudi riyals, or both.
Public right versus private right penalty in image cases
In the context of talking about the penalty for stealing personal photos, it is necessary to address the different sections of the right to penalties, which can be classified as follows:
- A private right is the right of a person whose private photos have been stolen and whose privacy has been violated. This right is obtained through financial compensation from a civil lawsuit filed by their lawyer. Here, their lawyer has the right to request any other compensation they wish as a result of the psychological harm they have suffered, and if the judge deems it appropriate, he agrees to it.
- Public right, financial punishment or imprisonment that we talked about previously is the public right of the state that is ruled in order to apply the law and warn others against committing the same violations and violating the privacy of others.
Important note: Assuming that the right holder was harmed before waiving his right and forgiving the wrongdoer, this does not mean that the general right of the state has been forfeited and the penalty remains in place as it is.
Elements of the crime of assaulting personal photos
There are two important elements that must be present in the process of stealing personal photos in order for it to be said that it is a cybercrime, and the competent lawyer works to prove both so that the perpetrator receives the penalty for this act. These elements are:
The physical corner
What is meant here is the act of theft that was actually committed by illegally obtaining another person’s photo, either by photographing him without his knowledge or stealing it from his personal accounts on a social media platform. The lawyer can prove this element through several methods that can be explained as follows:
- Providing concrete evidence, such as private conversations between the violator and the photo owner proving blackmail and threats, or the appearance of the stolen personal photo on an account that actually belongs to the accused.
- Pursuing the electronic account: Knowing the thief’s IP address to identify the address from which the photo was sent, so that through this step the accused’s involvement in the case can be proven.
Moral pillar
What is meant by this matter is the intention behind stealing the photo and publishing it, and whether it is intended to offend its owner and harm him in any way, whether by defamation or blackmail.
The reason behind the importance of having a moral element is the possibility that the photo was actually taken unintentionally and published with good intentions, and this appears clearly in some group photos at celebrations and the like, where some people may appear in the photos by chance.
This means that both the material and moral aspects must come together to implement the penalty for stealing personal photos and make it a complete cybercrime. Your lawyer is responsible for proving this through investigation and collecting evidence and witnesses in every way possible.
How to file a report in Saudi Arabia about photo theft and privacy violation
The Kingdom of Saudi Arabia follows a very strict system for punishing cybercrimes. This means that when you encounter a privacy violation, you will have several ways to obtain your rights. These ways are as follows:
Reporting via kollona Amn
The kollona Amn is the first and fastest step to resort to by displaying reports of violations or theft of a personal photo and other violations. Reporting is done through the application through the following steps:
- After installing the application from here, log in to it and choose Cybercrime.
- Next, accurately describe the problem you encountered and upload any documents or photos that support your legal position.
- Specify your geographical location and then click Submit Report to send it to the relevant authorities for investigation.
Resorting to the Public Prosecution
Your lawyer will inform you of any cases that require you to immediately go to the Public Prosecution to investigate the matter and punish the person responsible. These cases are:
- When a privacy violation turns into a massive extortion of large sums of money or a threat of ethical scandals through your stolen photos.
- If the violation was carried out by a team specialized in the matter and not an individual act, then the Public Prosecution intervenes to investigate the matter and stop this criminal organization before it has other victims.
Mistakes to avoid to maintain your rights
In some cases, a person who has had his personal photos stolen without his knowledge makes quick mistakes that cost him a lot later on and protect the criminal from the penalty of stealing personal photos. Therefore, we will review with you the most prominent of these mistakes to avoid them completely:
- Erasing personal conversations between you and the criminal, conversations may be the most prominent shadow that helps you regain your rights from that person, and therefore he thought that by erasing these conversations you were giving him a chance to escape punishment.
- Trying to beg a criminal is one of the mistakes a person makes when he is blackmailed by responding to the blackmailer’s requests or begging him, because your weakness increases his power and exploitation of you and may clearly destroy evidence.
- Delay in reporting to the responsible authorities, waiting a long time for the problem to be reported is definitely the case.It is not in your best interest, because the blackmailer may disappear and the responsible authorities may not be able to reach him.
- Talking about the public, be careful not to talk about your problem in general, such as posting a post explaining that you were robbed or blackmailed, because by doing so you are attracting the criminal’s attention and making him take all his precautions.
How does a lawyer specializing in cybercrime protect you from the office of lawyer Abdul Majeed Al Rashid?
The specialized lawyers from the office of Lawyer Abdul Majeed Al Rashid are not just people who keep the laws, but they are a means of safety to protect you and your rights from blackmailers and the like, through the following:
Assisting the client in recovering the financial and moral right
When your personal photos are stolen or violated by someone, lawyers ask in two different directions:
- Demanding moral justice by forcing the criminal to issue an official apology on all platforms through which he defamed, as well as working to delete any posts that contain insults against this person.
- Financial compensation: In addition to moral compensation, the lawyer requests appropriate financial compensation for the harm to which your client was exposed, whether the harm was psychological or material and affected his work. His life.
Defense in cases of privacy breaches and social media applications
Defense in cases of privacy breaches and social media applications
The lawyer is responsible for defending your rights and handing over the blackmailer to the competent authorities, starting with collecting all the evidence, helping you document and retain it, all the way to legal dealing with the Internet Investigations, reaching the criminal and holding him accountable.
Having a lawyer with you during these stages is very important as it helps you proceed legally and protects you from making mistakes that may waste your rights.
Maintaining the confidentiality of information
One of the important things in this type of case is protecting the customer’s data and privacy, because publishing any information about the case before a final ruling is issued may be in the interest of the blackmailer or the one who stole your personal photos without permission.
Controlling the path of the right holder
Sometimes a person who has been robbed or blackmailed may act recklessly and aggressively, which also makes him accused and causes him many problems, here the lawyer’s function appears in guiding his client and helping him control himself so that he does not make any decision that weakens his position in the case.
Frequently Asked Questions
Does photographing people inside commercial markets fall under the crimes of violating privacy and stealing personal photos?
The answer varies depending on the purpose of the photo. If the photo is taken,There was a coincidence that did not constitute any violation, while intentionally photographing a specific person for malicious purposes is what clearly carries the penalty for stealing personal photos.
Is the penalty for stealing personal photos different if the accused is under the age of 18?
Yes, the prison sentence shall not be imposed on a minor under the age of 18, as their penalty shall be disciplinary, while the material penalty, which shall be financial fines, shall not be waived and he shall be required to pay them.
Can the accused ask Google to delete his stolen and previously posted photos?
Yes, your lawyer can submit a Google correspondence to permanently remove these stolen photos so that no one can then see or access them, and this is very easy after obtaining an official ruling from the judiciary.
Does the penalty for stealing personal photos apply to WhatsApp or Snapchat statuses that disappear after a specific time?
Yes, even if the accused deletes the case or its time runs out, he can be punished for it if a screenshot of it is obtained before it is deleted, and it can be retrieved from the servers of these applications according to an order issued by the authority responsible for the investigation.
Is the penalty for stealing personal photos and publishing them imposed on the group leader if one of its members transgresses?
This question cannot be answered in general, if the group was originally designed for violations and blackmail, or if violations committed by a member were kept silent and the post was not deleted or a serious position was taken, otherwise the person responsible for the group does not bear any legal responsibility.
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