Breakups, Consent & The Law Of Online Images
Digital Breakups and an Emerging Legal Risk
IN the age of social media, romantic relationships increasingly leave behind a permanent digital footprint. Photographs once shared affectionately on Instagram, Facebook, or WhatsApp often remain long after relationships dissolve. What many users fail to realise, however, is that these lingering images can expose them to significant legal liability.
Contrary to popular belief, taking a photograph or receiving consent to post it during a relationship does not automatically confer permanent rights over that image. Across many legal systems, including Nigeria’s evolving privacy and data protection framework, the right to one’s image remains a personal and protected legal interest.
The Legal Status of Personal Images
A person’s photograph is not merely a casual digital artifact; it is legally recognised as an extension of individual identity. Courts increasingly treat images, likeness, and personal photographs as part of the right to privacy and dignity.
While a romantic partner may consent to being photographed or tagged online during the relationship, such consent is typically limited in scope and duration. Unless there is a clear, written agreement granting irrevocable usage rights, consent remains revocable.
This principle reflects a broader legal doctrine: personal rights do not expire simply because intimacy once existed.
Consent Is Not Permanent
Legal consent is contextual. It may be express—clearly stated—or implied through conduct, such as posing for a photograph. However, consent does not become perpetual merely because it was once given freely.
Once a relationship ends, either party may withdraw consent for continued use of personal images. If that withdrawal is communicated and ignored, the continued posting or retention of the image may constitute unlawful conduct.
Importantly, the absence of malicious intent does not necessarily shield a person from liability. The law focuses on the effect of the conduct, not the emotional history behind it.
Potential Legal Claims After a Breakup
When an ex-partner refuses to remove images after consent has been withdrawn, several legal claims may arise.
One is breach of privacy, particularly where the image reveals personal aspects of a former partner’s life or identity. Another is defamation, which may apply if captions, comments, or the surrounding context portray the individual negatively or invite public ridicule.
In some cases, continued posting may amount to harassment or intentional infliction of emotional distress, especially where the conduct is persistent and causes psychological harm.
Judicial Remedies and Consequences
Courts possess broad powers to address these violations. Remedies may include mandatory takedown orders, injunctions preventing further use, and monetary damages for reputational or emotional harm.
In more serious cases, particularly where images are used to intimidate, embarrass, or blackmail, criminal statutes may also be implicated. Digital permanence means that even a single post can be widely circulated beyond the original platform.
Why This Issue Is Increasingly Relevant
The rise of screenshot culture, algorithmic amplification, and online permanence has heightened the legal stakes. What once might have remained private now becomes searchable, shareable, and enduring.
Legal experts note a growing number of disputes arising from post-breakup digital conduct, reflecting society’s slow adaptation to the legal implications of online intimacy.
A Preventive Legal Mindset
From a legal perspective, the safest course is simple: once consent is withdrawn, remove the content. Compliance costs nothing, while litigation can impose severe financial, reputational, and emotional burdens.
The end of a relationship does not terminate legal obligations. In digital law, affection fades, but liability can endure.
