What Legal Options One Has if Someone Takes a Picture of Your Kid and Posts It Online without Your Consent?

chrismatt on 19/09/2021 - 20:08
Last edited 20/09/2021 - 09:47 by 1 other user

Recently some kids were playing in a public park, a parent took the pictures of the kid, posted it in a public forum commenting about kids. In one of the pictures, my kid is seen. I am not comfortable someone posting kid's pic in a public forum without permission of the parents

I wanted to find out what legal or other options I have to set this right? Of course, I have requested him politely to remove the pic as soon as possible. I haven't have the response yet. In the meantime, thought would check this forum.

Toys & Kids

Comments

  • Gervais fanboy on 19/09/2021 - 20:12
    +1

    Did you contact them, asking to take down those pictures?

    • chrismatt on 19/09/2021 - 20:13
      +1

      Yes, I did already. They haven't done it yet

      • Gervais fanboy on 19/09/2021 - 20:22
        +14

        What a weird bloke

        Anyways, coz those pictures were taken on a public property they are legal photographs.
        Also technically, he owns those pictures now.
        Basically, there’s nothing you can do about it my friend.

        • SF3 on 19/09/2021 - 22:20

          Agree.

          Hence why paparazzi Is legal.

          In Australia you can generally photograph anything or anyone in a public place without permission assuming that it isn't being used in an otherwise illegal way such as defamation and does not contain copyrighted material.

          OP, Harden up. /thread

    • chrismatt on 19/09/2021 - 20:15
      +1

      Looks like there is no law/legality associated with taking pictures.

      • ginormousgiraffe on 19/09/2021 - 20:52
        +8

        yeah you're in public and should have no expectation of privacy

  • Slippery Fish on 19/09/2021 - 20:15
    +1

    Move on? Or if itupsets you so much get REAL legal advice. It's either big enough for that or move on.

    • TEER3X on 19/09/2021 - 20:18

      What were the comments, something like "hey look at all those ugly kids"?

      • chrismatt on 19/09/2021 - 20:21

        Ha Ha. Something of that sort.

    • chrismatt on 19/09/2021 - 20:23
      +1

      Not necessarily a big thing. It is about values and principles, respecting privacy of others. There may not be a legal answer to this, but in a society, there are some gentlemen agreements isn't it? If people don't know, we might have to make them aware in some way.

      • brendanm on 19/09/2021 - 20:35
        +8

        respecting privacy of others.

        There is no privacy in a public place.

      • Slippery Fish on 20/09/2021 - 06:59

        I vote exothermic reaction of the eyeball. We must take a hard stance so they know we are serious!

  • apsilon on 19/09/2021 - 20:16
    +2

    If the photo was taken in public space there's nothing you can legally do to force it's removal.

    • chrismatt on 19/09/2021 - 20:18

      It is taken a public place, but focussed on each kid. Not like a group of kids. The photographer was posting picture of each kid taken separately. They are kids in the age group of 6 and 10

      • apsilon on 19/09/2021 - 20:33
        +3

        Doesn't matter, they were in public and therefore it's legal.

        • chrismatt on 19/09/2021 - 20:35

          Ok.

          • apsilon on 19/09/2021 - 20:37
            +1

            @chrismatt: Actually there may be one way. If they don't respond to your request to remove them you could request to buy all rights to the photos. They then couldn't be used without your permission.

            • chrismatt on 19/09/2021 - 20:42

              @apsilon: Wow !! That seems to be a great idea. There are two things I want to achieve out of this conversation with the photo uploader. One, they need to be a bit careful while taking kids pix and upload them in public forum. More of an education, awareness. Second, if they don't get it, then find a way to bring some of the rules/laws if any. The hope is that, as a society, we are a bit careful about what we do, etc.

            • hasher22 on 20/09/2021 - 01:46
              +1

              @apsilon: If it's uploaded to a public forum, you got to see the conditions of that forum. The rights passes from the photographer to the website owner. Just like how instagram and facebook owns all the media uploaded to them.

              • apsilon on 20/09/2021 - 06:31
                +1

                @hasher22: That's not completely correct. The original owner retains copyright and ownership of the photo and may sell or do whatever they like with it. The site (Instragram for example) gains a licence to use and even sell that photo as well. Where you can run into trouble is if you sell it to a someone that has an exclusive clause and have also uploaded it to a site like Instagram.

      • papachris on 21/09/2021 - 01:03
        +1

        Okay that makes a difference. I don't know about legally though.

        Before you added this I thought "get over it", but publicly posting individual shots of other kids is a bit of a red light…

  • robbyjones on 19/09/2021 - 20:18
    +3

    If it's posted in a public forum and you aren't having any joy with the photographer then contact he admin and ask them to delete the photo or at least modify so child cant be recognised.

    • chrismatt on 19/09/2021 - 20:18

      Yes, I have requested them to do. Question, what if they don't oblige?

      • robbyjones on 19/09/2021 - 20:19
        +1

        Don't think there is much you can do.

        • chrismatt on 19/09/2021 - 20:20

          Ok. Thanks.

  • sharkyoz on 19/09/2021 - 20:48
    +1

    If its a public forum just ask him if he has any kids, and if so which ones in the photos are his, or are his kids too ugly to post.

    • chrismatt on 19/09/2021 - 20:50

      He has kids and may be I should have asked that question !

  • kyle on 19/09/2021 - 22:12

    You're in a public place. Photographers own the photos and there's no privacy.

  • hasher22 on 20/09/2021 - 01:44

    Unfortunately, the law is not on your side.

    It's a public park, the photographer can take pictures in public places and doesn't have to blur out people he/she doesn't know

    All you can do is for them to either blur, photoshop your kid out, or take it down

  • brad1-8tsi on 20/09/2021 - 08:57
    -2

    Ask again. Explain that there is a custody issue and there is a potential for harm. (yes, you have to lie).

  • shaybisc on 20/09/2021 - 09:58

    If the photos were taken at a swimming pool there would be a problem, no? I keep on hearing these stories of parents getting into trouble taking photos of their own kids and other kids at the local public pool. Might be an urban myth. Not interested enough to fact check.

    • Forfiet on 20/09/2021 - 11:07

      Public pools aren't run exactly like a public park though, if the proprietors of a public pool disagree or have policies against taking photo's then you risk barring from the premises….

      Conditions of entry to those can exist…. a public non-fenced or 'managed' park would probably be very different….. Though frankly taking pictures of individual kids(that are not a relation) seems really….off…

    • apsilon on 20/09/2021 - 11:26
      +1

      Anywhere you pay an admission to is different. Could be a pool, amusement park or a stadium. Although these are accessible by the public, they're not public property. Often a condition of entry on that admission will cover photography. Definitely not an area I'm an expert in so look into it if it's something effecting you.

  • CrowReally on 20/09/2021 - 10:14

    Per above advice, no legal restrictions.

    If you privately message them and say "It's disrespectful to post pictures of people without their permission, I would appreciate it if you took that down" and they don't do what you want, you've reached as far as you can probably go without triggering the Streisand effect.

  • keejoonc on 20/09/2021 - 10:31
    +1

    Gosh people are so delicate these days. Unless it's a photo obviously taken with sinister intent, who the hell cares?
    Get a life. No one cares about your child as much as you think they do.

    • Earl of Lemongrab on 20/09/2021 - 10:44

      Upload a pic of yourself and post it here.

      • keejoonc on 20/09/2021 - 11:05
        +1

        And why would I? What you said is in no way same as someone taking a photo in public and uploading it on their social media and I happen to be in the photo.

        • chrismatt on 21/09/2021 - 10:24

          Are you ok if someone takes your pic and posts in a public forum highlighting you? are you not going to be delicate? If you have kids, if someone is taking their pic in publishing it in public forums, are you ok with it? Are you going to be delicate? Just a question

          • keejoonc on 21/09/2021 - 11:13

            @chrismatt: perhaps read the post again rather than overreacting like the OP? The pic didn't "highlight" OPS child. He/she just happened to be in the photo with a group of kids. take some chill pill?

            ok didn't realise you are the OP LOL
            But regardless my point still stands. the photo as I understand was of a group of kids including the photographer's kid.

  • netjock on 20/09/2021 - 10:50

    Tag your kid with poster's kid's name and put the poster's address on it. That will teach them a lesson.

  • deme on 20/09/2021 - 11:39

    I want to point out that in Australia we don't have a bill of rights you should demand your local MP gets off their ass and sees one is made.

    Generally, the act of taking someone's photo is public is allowed.
    However I suggest you read https://www.oaic.gov.au/privacy/guidance-and-advice/posting-…

    There are other circumstances where it is not allowed eg. defamation.

    Don't let that fool you that this is the same everywhere in the world.
    Some places have a right to publicity, some places have the right to be forgotten and additional moral rights.

    Some sites like Google Maps will let you request a takedown if you are in the photo.
    Google also recently announced https://blog.google/technology/families/giving-kids-and-teen… to remove your kids from search results.

    I don't know where they posted it, perhaps the site it is hosted on will take it down?

    • andy19363 on 20/09/2021 - 12:40

      If the photo or video was taken by someone acting in a personal capacity, the Privacy Act doesn’t apply — because it doesn’t cover individuals.

      https://www.oaic.gov.au/privacy/your-privacy-rights/social-m…

      • deme on 20/09/2021 - 12:53

        That's a good point. We don't know much of what happened I'm trying to give as much relevant information as possible. Eg. if they are a photographer.

        • andy19363 on 20/09/2021 - 12:58

          The Privacy Act doesn’t apply to a media organisation carrying out its work of journalism.

  • Luo18740 on 20/09/2021 - 11:49

    Is OP jumping the gun here? Has the other parent even responded to the request to take down that photo?

    • chrismatt on 21/09/2021 - 10:25
      +1

      They have agreed to take down the photo

      • Luo18740 on 21/09/2021 - 15:40

        Thanks for the update.

  • bongom on 20/09/2021 - 11:55

    What is the OP going to do when child's friends have camera phones and are taking hundreds of photos and sharing online?
    Facebook is considering launching a version of its popular photo social media platform, Instagram, for children under the age of 13.

    • deme on 20/09/2021 - 12:55

      I think context matters a lot here. We don't have it and instead some are assuming this must mean OP is paranoid.

      • chrismatt on 21/09/2021 - 10:26

        The context is, the kids are playing in playground. One of the parents, took individual pix of kids, posted in local community forum calling out some names like "troubled kids" and individually naming some of the kids about why they need to be "fixed".

        • deme on 21/09/2021 - 13:03

          Where is the forum hosted?

          • chrismatt on 21/09/2021 - 13:20

            @deme: It is a platform created by a local neighbour (like nextdoor)

            • deme on 21/09/2021 - 13:24

              @chrismatt: What about asking them?

              • chrismatt on 21/09/2021 - 13:26

                @deme: Asking them to remove the pic?

                • deme on 21/09/2021 - 13:27

                  @chrismatt: Hey neighbour dude(tte) pic is making me uncomfortable could you please remove it

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