QUESTION

Is it illegal for a local news station to air an interview in which a photo of your child was shown without your consent?

Asked on Jul 07th, 2012 on Entertainment Law - Nebraska
More details to this question:
A local news station aired an interview in which my child's photo was shown and pointed out, and may be harmful to my child.
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2 ANSWERS

Susan Marie Basko
You don't say what sort of picture of your child, what your child was doing in the photo, or the context of the photo in the story or what the story was about. I would need to know all these things before I could answer this. What role does your child play in the story? You also do not say how old the child is or if the child gave consent. A "child" who is a teen may be considered old enough to give permission to give a news interview. You say you did not give consent, but did your child? A smart 16 year old is considered old enough to decide if he or she wants to be on a news interview. A 6 year old is not. without knowing your situation because you have not given enough information, the general rule is that if something happens in a public location, it is legal to photograph or video it and put it on the news. However, aside from what is legal, there are also ethical rules. The Society Of Professional Journalists (SPJ) provides a Code of Ethics. In it, it states: "Be cautious about identifying juvenile suspects or victims of sex crimes." Therefore, if your child is a suspect or victim of a sex crime, ask the news outlet to remove the name and photo. Another of the SPJ rules in the Code of Ethics states: "Show compassion for those who may be affected adversely by news coverage. Use special sensitivity when dealing with children and inexperienced sources or subjects." If you think your child has been endangered by the news report, by all means, call the station and tell them so and ask for it to be removed. Also, you should consider whether the news report is defamation. Defamation is when an untrue statement that is harmful is made. Defamation is complex legally and you should consult with a lawyer to tell you the rules of defamation in your state. If the news station has allowed your child to be defamed, you should talk with a lawyer soon.
Answered on Aug 20th, 2012 at 3:55 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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It depends on the circumstances under which the shot was taken and how it was used in the story. Most stations try to avoid showing children's faces if possible. Schools often get rights releases from parents at the start of the school year and will respect the wishes of parents who don't sign. However, if the child is in a public place such as a playground in a park or participating in an event to which the press has been specifically invited, there's no expectation of privacy and the station is free to photograph everyone. A good journalist/videographer will ask permission prior to taping. If the story has a negative connotation, such as a story about crime by youth matched with a photo of your child, you may have a claim for defamation (assuming your child doesn't have a criminal history).
Answered on Aug 20th, 2012 at 3:23 PM

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