QUESTION
What can I do if a person posts a picture of my child on a social network without my permission?
Asked on Sep 04th, 2012 on Criminal Law - California
More details to this question:
A person post a picture of herself and my child on a social network. After asking her to remove it on several occassions she refused. Is it possible for me to approach her legally?
16 ANSWERS
Steven D. Dunnings
No.
Answered on May 22nd, 2013 at 5:02 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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YES, invasion of privacy.
Answered on Sep 12th, 2012 at 4:17 PM
Here is the question you need to ask: Am I willing to pay a lawyer thousands of dollars in fees to accomplish what I want? If the answer is yes, then I'm sure a lawyer would be willing to act on your behalf.
Answered on Sep 12th, 2012 at 4:17 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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There is probably nothing you can do "legally" to have the picture removed from the social network as long as the picture of your child is not pornographic and is not being used for commercial purposes (i.e. not being used in an advertisement). However, depending on the social networking site, the site should have a method for your to request that the picture be removed. Most social networking sites, in their Terms of Service (or similarly named policies) and/or Privacy Policy, indicate what types of pictures are permissible to post as well as when they can be removed. I would suggest contacting the Help or Support department of the social networking site and request that the photograph be removed as it was posted without your consent. Whether the picture would be removed would depend on the Terms of Service of the actual social networking site.
Answered on Sep 12th, 2012 at 4:17 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Would this person be your ex's new significant other. You should evaluate the reasons for your objection. Is this person pretending to be her mother. In the long run, fostering a positive relationship between your daughter and all the adults she must interact with is a good thing. Even if you wanted to spend thousands of dollars to pursue and try to force a retraction, I think you would fail and rue the day you decided to spend time and money on this complaint. Use your money to help your daughter.
Answered on Sep 12th, 2012 at 10:57 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I don't understand the problem. Is this oprn or in some other way objectionable? If not, probably not possible to require her to remove the picture.
Answered on Sep 11th, 2012 at 3:48 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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CAN you sue? Sure. Do you have valid grounds to do so? Is this pornography? Was it taken somehow illegally, invading privacy? Is it being used for commercial purposes? Does it present the child in false light, misrepresenting the child somehow? Should every picture of every child in the country be barred from public display? What about photos taken by family and friends? Etc.
Answered on Sep 11th, 2012 at 2:59 PM
Ronald A. Steinberg
Get hold of a lawyer. This person is invading your child's privacy, among other things.
Answered on Sep 11th, 2012 at 1:33 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I have no idea and I don't know anyone who does. No one controls the social network and information about millions of people is being sent all over the world. Mr Obama wants to control the web and may wind up doing so if he is reelected. The freedom to enjoy the social network has some price s attendant. You obviously can sue for defamation if defamation is involved. But just a photo, I think not.
Answered on Sep 11th, 2012 at 1:22 PM
You should contact your State's Attorney General's Office for advice and assistance or the local prosecuting attorney's office.
Answered on Sep 11th, 2012 at 1:00 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No. People post pictures on social networks all the time. That is what happens with pictures now a days, and in order to stop this from happening, just do not allow anyone to take a picture of your child, at all.
Answered on Sep 11th, 2012 at 1:31 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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There are no specific laws preventing this. You might be able to sue her for invasion or privacy.
Answered on Sep 11th, 2012 at 12:36 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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This is an evolving area if the law. There is no clear answer.
Answered on Sep 10th, 2012 at 11:44 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 10th, 2012 at 2:24 PM
HOW DID THEY GET THE PICTURE? Did you give it to them? YES you can ask that it be taken down.
Answered on Sep 10th, 2012 at 2:23 PM
Criminal Law Attorney serving San Diego, CA
Partner at
Lee Law Group DUI & Criminal Attorneys
Yes, she has misappropriated your child's image.
Answered on Sep 10th, 2012 at 2:19 PM