QUESTION

Can the media put my name and pictures out if a case is not about me?

Asked on Nov 19th, 2012 on Entertainment Law - California
More details to this question:
It is a case concerning my family member.
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3 ANSWERS

Legitimate media sources who are reporting the news can use your name when it is a case concerning a family member. They can also use pictures of you obtained in a legal manner, such as those taken in a public place.
Answered on Nov 21st, 2012 at 5:07 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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The media may report on issues and people who are newsworthy and/or have some impact on the public. Public officials, those who have taken a public role in an important public issue, and famous people are fair game. They may take pictures or video of people in any public place - government buildings, courthouses, streets & roads, sidewalks, parks, etc. The media may also take pictures or video of private places with the permission of the owner or manager of the place - shopping malls, private homes, work-sites, etc. An employer can give permission to record shots of employees. The media usually don't show faces of minor children without express permission from a parent or guardian. rape victims, dead bodies, people who have suffered severe physical trauma, animals being killed, or anything really gory like surgery.
Answered on Nov 20th, 2012 at 11:29 AM

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Susan Marie Basko
This is more a case of Journalistic Ethics. The Society of Professional Journalists posts their Code of Ethics online. It can be found easily using a google search. Usually, if a family member is closely tied to a situation, they might be mentioned or their photos might be used. This is sometimes appropriate and it is sometimes inappropriate. If you think it is inappropriate in your situation, you might have your lawyer or other representative contact the media outlets and tell them you think it is inappropriate and that they are causing you harm and to please remove and stop using these things. If a reference is made to the Code of Ethics, the complaint is more likely to be taken seriously. However, keep in mind that if you contact some unethical media outlets, it can backfire, as they may use this to accuse you of attempted cover-up or all kinds of things. This can be especially true when dealing with media that gets its readers or viewers with sensationalistic stories. Then you are basically asking a bully to stop bullying you and this usually results in more intense bullying.In the recent situation with General Petraeus and Jill Kelley, I notice that Ms Kelley's husband and her twin sister are being shown and mentioned. The public is curious to know who they are and what they look like. It seems inappropriate to me for news outlets to post all the details of their financial dealings and personal lives. Another example is when children are missing, often the parents' lives will be picked apart by the media. Often, lurid insinuations will be made. Many reporters, columnists, and bloggers like to play detective. This can result in a great deal of personal and legal harm to the people being exploited in this way. Then, if the family insists on privacy and refuses to deal with the media, some unethical reporters will pose that as a sign of guilt.
Answered on Nov 19th, 2012 at 5:22 PM

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