In today’s digital world where we spend most of our time online and on social media, our greatest fear is that what we share or post may be misused or abused. What we do in private can suddenly become public, without our consent. In essence, our greatest fear is losing control of our online presence and activity.
A few years ago, I had two dresses tailored for me, one featuring the current flag of Sudan, a horizontal tricolor of red, white, and black with a green triangle at the hoist (left) side, and the other with the old flag of Sudan, used from 1956 to 1970, which was a horizontal tricolour of black, white, and blue. I had my sister take pictures of me wearing them to post on social media – my privately set Facebook and Instagram accounts. To my surprise, the photos quickly spread across numerous Sudanese Facebook pages and accounts, attracting both positive comments and criticism.
This was during the Sudanese revolution of 2018–19, a time when I was not in Sudan and could not join the protests in person. Wearing those dresses and sharing the photos was my way of participating; however, small or trivial it may have seemed.
The first question I asked myself was: how did this happen? The simplest explanation is that someone or a few people from my trusted circle of Facebook “friends” shared the photos elsewhere, whether with good intentions or not. There was no way of knowing who. However, the bigger issue was that my privacy had been violated and my trust, broken. It was done without my permission, consent, and knowledge. And sadly, this wasn’t the first time, and likely won’t be the last. Each time, it has involved Sudanese people.
Many people, who heavily use social media as I do, have similar experiences on various social media platforms. So, why do people, especially those within the Sudanese community, think it is okay to take someone’s photos or information from their private accounts and make it public, whether with good or bad intentions? And do they have the right to do so?
The answer can be short, and it is a no. Using or sharing someone’s photos from social media without their permission or consent is simply wrong, and in some cases, it is also against platform policies or even illegal. For example, Facebook has policies and terms in place such as Community Standards to protect its users. According to Facebook’s terms, you own the content you post (including photos), and misuse or unauthorised distribution can be reported and taken down, although proven a challenging and lengthy process. Using or sharing your content including photos without consent can violate Facebook’s Community Standards and image rights, especially if the use misrepresents you or is for commercial or defamatory purposes. Additionally, Facebook allows you to report misuse.
In some countries or regions such as Europe, privacy laws are in place. So, if someone uses or shares your image without permission, you can report it – legally, depending on the situation, as it violates the law and can be illegal. For example, the General Data Protection Regulation (GDPR) is Europe’s new data privacy and security law, setting guidelines for the collection and processing of personal data of individuals within the European Union (EU). India’s Digital Personal Data Protection (DPDP) Act underscores the importance of user control over their personal data, emphasising that consent must be freely given, specific, informed, unconditional, unambiguous, and accompanied by a clear affirmative action. Users must willingly agree to the use of their data for a specific purpose, with full understanding and without any form of coercion. Consent is the only basis for the processing of the personal data of individuals.
The answer can also be long and complicated, however. Some can argue it is a matter of not setting the right privacy settings on your social media account. Others believe one should not post any pictures on social media. If you do, be prepared to deal with the consequences. But also, it depends on where you are, are there laws that can protect your privacy and identity online, and how can you seek justice if someone violates your privacy or misuses your online identity.
However, regardless of whether it’s illegal or not, or against the rules or not, using or sharing someone’s photos from social media without their permission or consent is simply a matter of basic decency. We should all lead with ethics and respect before anything else. We should respect the privacy of individuals’ online activities, and personal or private data.
A right to privacy
Privacy is a fundamental right. Personal information or data is a core part of who we are as individuals. Respecting privacy rights is essential to our dignity and to the enjoyment of our fundamental freedoms and of others. For this reason, privacy must be legally protected. Across the world, countries recognise an individual’s right to privacy, which means the ability of an individual to determine when, how and to what extent their personal information can be shared with communicated with others. This personal information can be someone’s name, location, contact, online or real-world behaviour. According to the Oxford Dictionary of Law, privacy is the “right to be left alone.”
The right to privacy is the freedom to maintain the confidentiality of our personal data or information, including electronic communication. As technology continues to progress at a rapid pace, our daily lives are increasingly intertwined with digital platforms and services, intensifying the challenges and significance of preserving privacy. Entering a public, or an online or digital space does not automatically mean forfeiting one’s right to privacy. Digital privacy refers to the protection of an individual’s information that is used or created while using the Internet on a computer or personal device.
In Sudan, Article 55 of the 2019 Constitution guarantees the right to privacy to all citizens. This includes freedom of communication and correspondence, with confidentiality being protected and observation or recording of communications restricted by law. In addition, the article protects personal privacy of residence, living quarters, households, and families, stating they are sacred and not subject to investigation except as provided by law or with permission.
While the right to privacy is enshrined, the constitution allows for limitations based on the law, suggesting that certain activities or information may be subject to legal regulations. According to Freedom House, Sudan is classified as ‘Not Free’ with a 30/100 score in its Freedom on the Net 2023 report. “Unchecked communications surveillance is a grave concern in Sudan, where the government is known to actively monitor communications on social media platforms and surveil online activists and journalists during politically sensitive periods. The government still enjoys broad authority to conduct surveillance despite legal reforms, though the extent of the security forces’ technical capacity to surveil is unclear… Service providers are required to aid the government in the surveillance of their users,” states the report. In addition, the government often restricting access to the internet and social media platforms during times of political unrest or perceived threats to national security. Existing laws, such as the Cybercrimes Law of 2020, lack clarity on issues of privacy and data integrity, granting the government, its entities and authorities the power to violate privacy under the guise of national security.
In addition to the right to privacy (article 55), Sudan’s constitution of 2019 includes freedom of expression (article 57), and freedom of assembly (article 58). Article 57(1) provides that every
citizen has an unrestricted right to freedom of expression, receiving and publishing information and publications, and accessing the press without prejudice to order, safety and public morals as specified by law. Article 57(2) states that every citizen has “the right to access the internet without prejudice to order, safety and public morals as specified by law.”
In addition, Sudan lacks comprehensive data protection legislation such as a data protection law or an appointed data protection authority, making it difficult to protect personal information from government surveillance or other intrusions.
Strong privacy laws in the digital space are required to protect individual’s rights as well as to ensure transparency, fairness and accountability.
A right to publicity
Those most commonly affected by online privacy invasions are individuals in the public eye such as social media personalities and celebrities. Their rights to privacy and publicity are both at risk whenever they are online.
The right of publicity protects an individual’s ability to control the commercial use of their identity, including their name, likeness, voice, signature, or other unique personal attributes, and prevents the unauthorised commercial use of an individual’s name, likeness, or other recognisable aspects of one’s persona. The right of publicity is particularly important for celebrities and public figures, but it applies to everyone.
The right of publicity can help protect Sudanese public figures online, as well as everyday internet users. However, Sudan’s cyber laws does not guarantee the right to publicity.
In general, Sudanese people, regardless of where they are currently based, are largely unaware of their cyber rights and the laws that govern them. This is partly due to the lack of strict regulations and public awareness of cyber laws in Sudan.
To share or not share on social media; that is the question
So this brings us to the bigger question: should we share moments of our lives on social media? It’s a personal choice that comes with many considerations. Online security and privacy are crucial for protecting personal information and maintaining a safe online experience. This involves taking steps to safeguard data from unauthorised access, use, or disclosure, while also respecting the privacy of individuals’ online activities and personal content. According to social media experts and platform guidelines, you should consider the following:
- Create strong passwords and activate two-factor authentication: Use strong, unique passwords for each online account and enable two-factor authentication (2FA) wherever available for an extra layer of security. This will decrease the risk of hacking or allowing people to easily access your social media accounts.
- Privacy settings: Understand and adjust privacy settings on social media and other online platforms to control what information is shared.
- Be mindful of sharing (your photos and posts): Be mindful and cautious about what you share online. Don’t overshare and avoid sharing sensitive personal information, such as your address, phone number, or financial details, on social media or in public forums.
- Be mindful of sharing (photos and posts of others): Before sharing photos or posts of others, consider the potential consequences for them and even for yourself. This is especially crucial when dealing with sensitive, controversial, or private posts. Often, people aren’t fully aware of their privacy settings or how public their posts or platforms truly are.
- Be cautious with friend or follow requests: Be careful and cautious with who you accept as a ‘friend’ or ‘follower.’ It’s best to only accept friend requests from people you know and trust in real life.
- Educate yourself: It is crucial to be aware of social media platform policies both when initially signing up and continuously afterward. These policies govern data usage, privacy settings, and acceptable behaviour, and understanding them is essential for protecting your personal information and maintaining a positive online presence. Additionally, stay informed about common online threats and scams, and learn how to recognise and avoid them.
Although most conversations about being online and using social media has to do with cybersecurity – protecting computer systems, networks, and data from cyberattacks and unauthorised access – for many, the greater concern is the people behind the screens, whether we interact with them or not, who may not have the best intentions.
If you were accepted into someone’s online life as a ‘friend’ or ‘follower,’ respect that space. It’s an unwritten agreement built on trust, responsibility and privacy. The purpose is to enjoy, celebrate and support that glimpse they’ve chosen to share. Do not abuse or violate that trust and acceptance by misusing their photos or posts to harm or undermine them.
Social media was originally created with the main purpose to help people connect – faster and better – and those of us born in the ’90s and earlier, who witnessed the internet’s and social media’s early days, truly value that purpose. It was not designed solely to share details of our lives. So let’s repurpose social media to do what it was meant to do: connect and communicate better with one another.
Ola Diab is the new founder and editor of 500 Words Magazine, and the deputy editor of Marhaba Information Guide, Qatar’s premier information guide. Based in Qatar, the Sudanese journalist graduated from Northwestern University in Qatar (NU-Q) in 2012 with a Bachelor of Science in Journalism and has since built a successful career in the print and digital media industry in Qatar. Find her on X (formerly Twitter) @therealoladiab or on LinkedIn.
