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AIBU?

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Original poster

Pictures without consent

59 replies

sosoverytired · 23/07/2019 21:43

Need to know where I stand legally please.
Someone has taken photos of my children. In my home. And posted them on a public highly visible social media sight with no privacy settings. They were told. Verbally. Not to share or publish them anywhere.

Is this against the law and if so can someone point me to the act or piece of legislation covering it please?

Also they have other private accounts. Is there anyway to force them to prove they are not there or get a court to check?

And finally can I press charges if there are?

I have also posted in legal. Posting here for traffic.

OP posts:
VivienneHolt · 23/07/2019 21:58

It isn’t a criminal offence, so you can’t press charges.

You could attempt to address it as a civil matter. There might be some circumstances in which you could seek an injunction preventing the publication of further photos. You would need to convince a court that there was good reason to do so, and that such a ban is proportionate. In all honesty I think you would struggle to make this case unless there is a specific reason why it’s dangerous for the photos to be online (like the kids’ identities have to be kept hidden for their protection). It would also be very expensive.

Have you asked them to take them down since they were posted?

You could try a formal letter threatening legal action. They might believe you have legal recourse even if you don’t and therefore agree to take the photos down.

TitianaTitsling · 23/07/2019 22:00

Is this a family member posting on Instagram/FB etc you can have a reasonable discussion with,or a stranger who has gained entry and taken photos without you knowing?

Original poster
sosoverytired · 23/07/2019 22:07

Family. We have tried but they are unreasonable at the best of times. They don't understand that as it was posted on a public account. With no privacy settings that they could be anywhere now.

OP posts:
FudgeBrownie2019 · 23/07/2019 22:11

Whilst it's not ok, it's not technically against the law, so you're in a difficult position. The right thing to do would be for them to respect your opinions and remove the photos, but some people are just knobs and do stuff like this almost as a way of getting one over on you.

I think perhaps instead of focussing on what's happened you need to focus on what happens next; you know now that this person isn't to be trusted and have to ensure no more contact occurs if you think it's posing a risk for your DC.

Benes · 23/07/2019 22:12

Is there a specific reason you don't want family to share these pictures?

I personally don't have any issues with this but if you have your reasons you need to have that discussion with your family.

I don't think threatening legal action is the way forward though.

BornInAThunderstorm · 23/07/2019 22:12

I think on facebook you can report the picture to facebook, stating you are the parent and you did not consent to the photo being used?

slashlover · 23/07/2019 22:12

Can you not report the photos to FB/Insta/whatever site it is?

Original poster
sosoverytired · 23/07/2019 22:18

I tried. But couldn't find a way on Instagram. It because it's a public account full of hate and dark dark posts. Also being public anyone can see my half dressed kids.

No they won't be around my children again or given photos or access to photos of them. Think I'm more upset about the breach of trust and the public thing. Although we share online it's only on our account set to friends only and very limited.

OP posts:
WillLokireturn · 23/07/2019 22:33

Your children are half dressed? If they are even semi.naked, that is a worry they posted pictures publically. There has to be a way to report on IG that you did not consent for photos of your children to be posted and you are concerned about their being half dressed . There is a method to report on FB.

WillLokireturn · 23/07/2019 22:36

But first off, email or message relative asking them to remove photos and respect your children's privacy. Ask other family to help.
And if family that posted photos don't, then bl##dy ban them from your house.

slashlover · 23/07/2019 22:42

You could try this form help.instagram.com/contact/504521742987441?helpref=faq_content

There is a part which says A minor (I am their parent or guardian) so it might be worth trying, although I didn't go through the whole thing.

Original poster
sosoverytired · 23/07/2019 22:43

Yes. Nighties. Vests etc. They feel entitled to do so apparently. I think I'd be less bothered with it if it was a private account. Pictures were taken without mine or partners knowledge when they were here so will not be returning.

I'll figure out reporting it. Been trying but I'll find someone bit more tech savvy 😉

Thank you for the advice.

OP posts:
AquaPris · 23/07/2019 22:43

If they're a journalist you can complain to IPSO as it's against the code but not sure about for anyone else?

Civil case for harassment maybe?

PerfectPeony2 · 23/07/2019 22:44

Have they deleted the photos now though?

Original poster
sosoverytired · 23/07/2019 22:48

Messaged them again and will check later if they have gone. But trust has gone. And they have so many accounts under so many names it would take forever to look.

OP posts:
Stressedout10 · 23/07/2019 22:48

When you say half dressed do you mean in underwear or partially naked?
Could they be classified as indecent images?
If so then the police will get involved, however that would be the nuclear option. Perhaps point out to the family member in question the consequences of posting indecent images of children on her very public account

Original poster
sosoverytired · 23/07/2019 22:49

I'm trying the civil way first. So was looking for something to quote to try and force the removal. Rather avoid nuclear tbh

OP posts:
Stressedout10 · 23/07/2019 22:50

Sorry cross post just seen your update ignore me

PerfectPeony2 · 23/07/2019 22:50

Why do they have different accounts under lots of different names though? And why would they post pictures of your children on lots of different accounts?

Original poster
sosoverytired · 23/07/2019 22:52

They want to be a blogger? Internet star? I know there's a name for it.

OP posts:
slashlover · 23/07/2019 22:53

REPORT. THEM. help.instagram.com/contact/504521742987441?helpref=faq_content

Influencer.

WillLokireturn · 23/07/2019 22:53

Ok found Instagram guidelines for you, you should be able to get advice how to report from there, to remove photos as DCs' parents who did not consent to sharing of photos and that your DC are semi naked.

help.instagram.com/477434105621119/

Or type in Community guidelines Instagram to Google.

IG community guidelines state For safety reasons, there are times when we may remove images that show nude or partially-nude children.

Original poster
sosoverytired · 23/07/2019 22:54

Thank you. That's the word! Thank you. Il will do that.

OP posts:
WillLokireturn · 23/07/2019 22:55

Even better @slashlover has found report link.

Hope we've all been helpful - YANBU

Original poster
sosoverytired · 23/07/2019 22:57

Very helpful. Thanks. Tbh someone else saw them and told me. Had to figure out how to make up account. I'm not tech minded. So thank you!

Glad I'm not being unreasonable either. 😁

OP posts:
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