Question re newspaper use of photo of DS

[WorkingItOutAsIGo]

I wonder whether anyone can give me some advice - I've been googling all morning and cannot find the answer.

A newspaper has used a (blurred) photo of my DS to illustrate a negative story (please excuse me for being vague about the details for obvious reasons). His face is blurred but if you know him it's clearly recognisable and I assume with reverse image searching it would be easy for someone to identify him, particularly given the details in the story. He is not the person the story is about but the inference of the photo could be taken to mean he is.

My question is not about the story but purely about the photo. It was taken in a public place by a commercial photographer: my DS posed for it and is doing nothing wrong in the photo, it's just being used to illustrate the story about what someone else in an organisation he is a member of has done. I assume my DS has no right to ask them to remove it does he? As far as I can tell the copyright lies with the photographer not the subject and I assume the photographer will have given the paper the right to use it. I am just really upset that this photograph could impact his reputation for life!

I suspect that even if he had the right to ask them to remove the picture it would be a bad idea, wouldn't it? As that would just make more of a story.

Grateful for any advice or experience!

I'm a lawyer too. Yes it's not his photograph.
However just pressure the paper and get them to take it down under the Data Protection Act 1998. JK Rowling got her son in his pushchair photo stopped - he was in public in an Edinburgh st. Naomi Campbell's case was about her being photographed again on a public street going to a Narcotics anonymous authorit. If you play the data protection angle right - his image is his personal data and association of him with the bad article could denigrate him then they will probably takje it down. Threaten them with the Information Commissioner (and ignore copyright law as it was not a private photograph commissioned where he would have a right to stop the use).

I thought you would appreciate an update: we spoke to the photographer who said his photograph is public ally available so there is no copyright issue. However he has issues with this publication and agrees with us that it is a poor use of the image and he thinks they should take it down, but obviously he has no control or influence.

And we have now emailed the publication every day this week asking the editor to call us and they have not replied. We don't have a phone no so can't ring ourselves and I am reluctant to tweet as I don't want to do anything public. So frustrating! But on it still and have deputised my DH to do the conversation as he is really good at staying jolly and calm, whereas I would just get cross and upset.

You need to get the name of the editor. The published email address may not be monitored properly.

Then you'd need to know the first.surname@address.

I'd email anyone on the team.... All the names of all the journours you can find it it.

If they are not replying that's terrible!
PM me the name of rag as I may be able to look up their email chain using our company databases.

Dungandbother - thank you so much for your offer of help. I got googling and found a personal email which did the trick: thanks to all the advice on here DH had a really nice chat with the editor and explained we had no issue with the story (believing strongly in freedom of the press etc) but felt the picture was recognisable. He was very understanding, said they had tried hard to make sure no-one was identified and agreed to blur it much further than they already had. He also thanked my DH for being so decent and reasonable so it was good all-round. He has already done what he promised and we are greatly relieved.

Thank you all - what a helpful nest of vipers you are .

So glad for your outcome.

And glad to be a viper of help