I sent some screenshots of photos from a person's profile to one of my friends. I only messaged him the pictures and did not upload it to any other place and did not make money off the picture. But the said person's profile was private. Is that legal? Can I be jailed? Instagram seems to have fair dealing policy and law seems to mandate that there is no "expectation of privacy" if you post something voluntarily on social media (People can share it without permission and it'll be legal). But I'm still asking here just to be safe.
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Hello, before you share someone else's Instagram photo (private account, or public account), you need to get their permission.
"Without their permission, you're infringing on someone else's copyrighted work".
If you do not have the rights to the pictures, then posting them is a copyright violation. People have the right to not have private photos published. Photos of a private nature are protected - so as these were on a private account, then these are covered.
Whilst it is technically illegal to share these photos, it is unlikely you would be jailed for it. Although you could face legal action if the person who's account you shared photos from finds out, and decides to press charges.
So the best advice, to be on the safe side, would be to avoid sharing private photos that you do not have permission to share.