LOS ANGELES, CALIFORNIA: Elon Musk has sparked controversy by sharing an intimate cosplay photo of Amber Heard, dressed as the video game character Mercy from 'Overwatch'.

Reportedly the 'Aquaman' actress did not grant permission for Musk to share the photo, which was originally intended to remain "private," as per Page Six. Since then the image, posted on the Tesla billionaire's X account on Wednesday, September 13, has ignited a debate about privacy rights and consent, with some urging Heard to sue Musk.

Why did Elon Musk post Amber Heard's cosplay picture

The backstory behind the controversial image emerged from the tech magnate's new biography, titled 'Elon Musk.' The biography revealed that during their relationship seven years ago, Musk had compared Heard to Mercy, his favorite character from the video game Overwatch.

In response to this, Heard spent two months designing and commissioning a complete Mercy costume to surprise Musk with. Musk himself confirmed the incident, responding to a tweet about the book by stating, "She did dress up as Mercy. It was awesome."

He then shared the revealing photo of Heard, dressed in the white Mercy costume complete with a halo, wings, and suspenders. The controversy surrounding the incident has raised questions about the potential grounds for Heard to pursue legal action against Musk.

Can Amber Heard sue Elon Musk?

Whether Heard can sue Musk for sharing a photo of her without her consent would depend on several factors, including the specific laws in the jurisdiction where the incident occurred and the legal arguments made by both parties. Here are some potential legal avenues she could explore:

Defamation

To establish defamation, it would need to be demonstrated that the shared photo damaged Heard's reputation or portrayed her in a false or harmful light.

Invasion of Privacy

Sharing a photo in a way that exposes private or embarrassing details without consent can qualify as an invasion of privacy, potentially offering legal remedies to regain control over the image.

Right of Publicity

Using someone's photograph for commercial purposes without consent can be a violation of their right to publicity, potentially leading to legal action to regain control of the image.

Copyright

If Heard owns the copyright to the image, she may be able to enforce her rights to control its use.

Internet urges Amber Heard to sue Elon Musk

A user tweeted, "Amber heard should sue Elon musk for defamation." Another commented on Facebook, "1) fucked up he's releasing private photos of people who used to trust him 2) she's honestly nailing it."

Another chimed, "She’s about to recoup that money she lost to Johnny." A user claimed, "I seen the pics. Shes staring directly into the camera. Im sure she gave consent to take pics but to post, definitely not."

"Okay im definitely not of fan of ambers but this is wrong. he did not have her consent to post her private pictures. regardless if yall think its hot or she should be happy. . . guys its her body and she dont want people to see it like that, it was meant for his eyes and his eyes only. its disturbing that its being shared all of the internet for MILLIONS of people to see," read a comment.

Another added, "This seems... private."