We live in a world where we all have our own photo studio, film equipment and media channel in our pocket. We can take photos and videos in minutes and share them with the world. But wait a minute! Is that really what everyone wants? Sure, we’ve all heard the slogan “Out and Proud!” but not everyone wants that. And for some, it really is a matter of safety, even here in Austria.
So how can we find ways to respectfully deal with community and privacy issues, what are your rights to your own image, how can we still share our impressions on social media and what are real do’s and don’ts when it comes to nude pictures and sexting.
You have a right to your picture!
As a rule, you have to ask for the consent of everyone in a picture, especially if you want to publish it. In LGBTIQ contexts, it’s even more important to get everyone’s consent, because even if you think you live in a “free country,” you can put people in danger by outing them. This is a very serious matter that we should not joke about.
There are various threats to people such as being attacked online or in real life, even blackmail can be the case. So yes, don’t post anything without asking every single person who is in a photo or video first. If you still posted something without someone’s consent, the person (especially with personal issues, like being LGBTIQ) has the right to ask you to delete it. But again, Do not take or post a photo without asking the person first.
I want to see your body – send me pictures!
Sexting (e.g. sending sexual pictures in chats like Whatsapp or Grindr) is very common. Before you send nude pictures of yourself, ask the person if they would like to receive such a picture of you. It can also be safer not to send a nude picture where someone can recognize you.
You may not take or send nude photos of people without their permission. In some cases, it may be punishable, for example, if you threaten to send nude pictures to a third person in order to force someone to have sex, for example.
Children and minors (under 18) are especially protected. Minors can send nude pictures to each other when they are together, but it is punishable to keep nude pictures after you have broken up. If you are over 18, it is definitely a criminal offense to possess or share nude pictures of someone under 18.