Photo on internet of DS1 melting down- should it be removed?

[PeachyBobbingParty]

OK, as you knoew Sam tkaes part in a a sort of public theatre on a regular basis. This year he has had several related meltfowns,a nd we are considering withdrawing him from next year. In the meantime, a popular website ahs published two photos of DS melting down (theya re aware of Sam). If I ask them to remove it, I know what they'll say: 'it's outr site,m we do what we like' (has happned before to other people), and certainly it is a public domain this ahs happned. it amked me feel very uncomfortable however, makes Sam look bad (has happened for about ten minutes in about 8 hours worth of events) and for people who don't know, makes us as a performing society look unprofessional.

Opinions please? Feel rather uncomfortable about this from Sam's POV. He's not a pay epr view freak show.

How are they obtaining the photos to put on their web pages?.

Just because most theatre groups use these people's services does not mean to say that this theatre group should act like sheep and use them as well. There are plenty of people out there who operate server businesses.

They must have an ISP - I would take this matter up with them directly.

You certainly won't be the last to be offended the way they are carrying on.

I'm not saying it would come to this - hopefully you will be very pleasantly surprised by a friendly (but firm) approach yielding prompt action - but I imagine if they grossly disregarded your wishes, having received a full written explanation of why this pains you, that a WHOLE BUNCH of their current customers would object to being associated with them were this kind of bullying behaviour publicised...

I really thought they had to have permission to publish photos of children (or anyone really). I would be absolutely furious. Certainly both DSs school and the swimming lessons I do with DD have permissions that you have to sign for this purpose. I'd certainly try to get legal advice although it'll p*ss these twats off even more - but that might not bother you.

As others have said I'm sure they do need permission to use these photos. Given that they don't have it you should write formally requesting that they remove the photo from the website. Also copy in the letter to the ISP. Say if it is not removed within say 5 days you will be consulting a solicitor with a view to taking legal action against both parties.

Makes me sick to think of someone doing this to pursue some sort of dispute/vendetta. They don't sound like very nice people at all IMHO.

I think I remember from a previous thread of yours what kind of organisation it is

In the circs, is there anyone who can act as a go-between between you and the website owners and have a friendly word with them about it?

I imagine threatening legal action would look heavy-handed and would impact on the rest of your group - if you aren't willing for that to happen, I can see why it wouldn't look like a good option.

There isn't actually any law about not publishing children's photos in that way, and you don't have a legal right to demand that it's taken down. The legal protection would be in relation to the manner in which the photograph is presented -- so, for example, if they used the photograph to illustrate a piece on "brats" or "children who are completely uncontrollable" or something like that, then you would have legal grounds to protest (could still work out expensive, though).

Almost every responsible photographer and organisation which deals with photographs of minors does have a policy in place that would make it very unlikely or impossible that a picture like this would be posted without consent (or, at least, it would be taken down if a parent requested). However, from what you say this couple are neither responsible nor reasonable and are actually likely to escalate things and draw more attention to the photo if you object.

I think your two realistic options are either just to let it lie and wait for it to blow over and them to put different photos on their site or to ask them to remove it but be fully committed to following that through as far as it takes. If you do request that it be removed and it isn't, then tackling the ISP via a solicitor is likely to be your best course of action (ISP may be more reasonable and will probably be more twitchy about anything sounding properly legal) -- or you could go for a maximum-publicity thing on how they are exploiting SN children, but that would attract more attention on Sam and defeat what you were trying to achieve in the first place.

Ask them to remove them. You are right pretendfriend parents permission does have to be given for photographs of children being published any wear and also for photos being taken. My daughter attends Guides,youth club and Drama club and I have had to sign forms from all three giving permission for photos being taken and used.

That's not a legal thing they have to do, though, mumeeee. It's a sensible thing they do because they are responsible organisations and want to avoid any potential disputes or unpleasantness. I'm a photographer and I always get a release signed before I photograph a child (a) because it's good practice and (b) because I want to make sure that the parent is genuinely OK with it, but I don't need to, legally.

Erm.. they do need to have signed consent in order to use an identifiable picture of yr child. I manage NHS websites and that's what we must adhere to, like any other organisation in the European Economic Area. Its a breach of 1998 Data Protection Act to use these photos without consent and you have the right to appeal to the Information Commissioner www.ico.gov.uk if they fail to comply with your wishes to have the photo removed.

I'd ask nicely.. if still not removed then put it in writing outlining your intention to go to the IC.. don't think there would actually be a need to go that far but you do have legal right. As long as photo is identifiable - blurry face in a crowd? well that's another story!

It's an interesting point but I think you are mistaken, ejb. The NHS is in a different position to someone who takes a picture of a children's theatre group performance. IIRC there's some guidance on the OIC's site about people taking photos of school plays are not covered by the Act, for instance. May be worth Peachy giving the information commissioner a ring.

Parts of the media use model release forms to ensure there is clear permission but it's not a legal prerequisite as far as I'm aware (or at least it wasn't last time I checked) - more covering our backs.

Sorry Peachy, forgot to say, if you did ask them nicely and they refused, wouldn't that be a big risk on their part in terms of potential damage to their reputation amongs their customers/potential customers?

can MNetters not bombard teh site with requests to remove teh picture (mayb ea tad childish to do this) probably best to ask if tehy would consider using a different picture

This is appalling Peachy. No great advice, but am musing... does anyone know any hackers??

LOL Flamebat

Am at all the support I have recieved here, after certain other events recently. Been lovely, thanks.

I ahve passed all your info to DH, as he 'knows' these people in a past life, and also would be worsta ffected if it all blew up, so i think it's his decision. Cewrtainly if any more appear we're getting in touch with their ISP, but I will let DH consider the nnext step at this stage.

Again, many thanks. THIS is what MN is like at it's best

It is what the site is about, Peachy Hope dh can work his magic !

Just referring to the 'future of SN on MN' idea, it is possible that threads such as these wouldn't receive the same varied support and advice (from photographers or people who know about data privacy etc.) were the SN board to be more distanced / less available form the regular Talk board... just thinking aloud.

(I'm just going through the long thread and have just come across your post. I quite agree with you).

It is illegal to publish a photo of a child on a public forum without the parents consent - it so absolutely is! Schools, nurseries, just about every organisation needs to get parental permission to publish photos of children. Is it under the Childrens' Act and the Data Protection Act. It is there to protect children, this tells you a little bit more.

Talk to any police officer and they will tell you the same. This couple are acting illegally.

And regardless of the 17 other children, I would act in my child's best interests and get the photo removed because, apart from anything else, I would not want a photo of my child on the internet.

can i ask what meltdown is without being rude?

a meltdown- to toehers it's a bit like a tantrum I would guess, but it isn't. It's when a child with ASD (or maybe other sn) overloads his senses completely, like when a comouter crashes.

oh blimey and they took a picture of him! would def be very angry then and get it deleted, wouldnt worry about the other kids on the pic or what their parents think. they'd do the same if it was their child im sure.poor you

Peachy - if they refuse to take the photo down (and i am shocked at their attitude) then possibly the next best thing would be for them to blur his image/face only (using photoshop or similar). That way, the other children in the picture don't lose out and it takes Sam - quite literally - out of the picture.

I run a website and only today we were discussing this issue as we are going to hold a competition. As a charity, we HAVE to get parental consent.