Having pictures of your children posted online without your consent can be scary and upsetting. Unfortunately, it’s a common problem in the digital age. The good news is that there are steps you can take to get those photos removed and prevent it from happening again. This article will provide an overview of your options if someone is posting unauthorized pictures of your child online.
Why is this happening?
There are a few potential reasons that someone may be posting photos of your child without permission:
– They found the pictures publicly online somewhere and decided to share or use them for their own purposes. Once images are on the internet, they can easily be copied and spread around.
– It’s someone you know in real life who had access to the photos, like a family member, friend or acquaintance. They may not have realized they needed permission to post.
– In rarer cases, it could be a stranger or predator who has obtained photos of your child illegally or without consent. This is an alarming situation that requires immediate action.
– They are using the images innocently without understanding the potential risks. For example, sharing a cute pic on their blog or social media.
Regardless of the reason, having your child’s image used without your approval is unacceptable. The poster may feel they have done nothing wrong, so it’s important you take steps to remove the photos and make it clear that consent is required.
Risks of having your child’s photo posted publicly
Some of the potential risks of unauthorized public sharing of photos include:
– **Online predators** – Images of minors can be targeted by predators. This is an extremely troubling issue.
– **Identity theft** – Facial recognition software makes it easier to gather information and steal an identity. Child IDs are desired by thieves.
– **Digital kidnapping** – Images are used to create fake online profiles depicting the child.
– **Cyberbullying** – Images can be used to embarrass or harass the child.
– **No control over edited or altered images** – Once online, you have no control over how images are edited. They can be manipulated.
– **Commercial misuse** – Photos could be used inappropriately in ads, products, campaigns without consent.
– **Future reputation/career impact**- Images live online forever and could resurface later in life.
It’s critical to address this issue in order to protect your child’s safety, privacy and well-being.
Check the photo usage rights
The first step is determining if the photo usage violates any copyrights or usage rights. There are a few scenarios:
– You own the photo: If you took the photo or purchased the rights, its use without your permission violates your copyright. You can request a takedown.
– Your child is the sole subject: As a minor, your child cannot consent to how their image is used. You must provide consent as their legal guardian.
– It’s in a public place: You may not own a photo taken in public, but a child’s identifiable image still requires guardian consent for posting.
– It’s from a professional shoot: There are usually signed usage rights limiting how the photos can be used. The contract terms may have been violated.
– It’s on a social media site: Check the platform’s community rules which often require consent to post identifiable images of minors.
If you determine the photo usage violates your rights in any way, you’ll be able to request a formal takedown.
Contact the poster
The first course of action should be to reach out to the poster directly, if possible. Here are some tips:
– **Politely ask** for the content to be removed. Explain that you are the parent and you have not consented. Request that they take down the photos immediately.
– **Mention legal implications**. State that posting photos of a minor without parental consent raises legal issues around copyright, usage rights and child privacy. Send a formal takedown notice if needed.
– **Discuss risks**. Calmly explain some of the dangers of having your child’s image posted publicly without control. Ask them to consider child safety.
– **Propose alternatives**. For example, if it’s someone you know, offer to provide different family photos that don’t show the child’s face or identifying features.
– Stay calm and understanding. The goal is getting the content removed, not burning bridges. If the person is receptive, guide them to a positive resolution.
Report to the platform
If the photos are posted on social media or other user-generated content sites, reporting to the platform is the next step:
– Find the platform’s reporting tools. Facebook, Instagram and others allow reporting image privacy violations.
– Cite the platform’s policy violations. Most ban unauthorized sharing of identifiable minor images.
– Use the site’s built-in notice/takedown procedures. Detailed instructions can usually be found in their help section.
– Request a retraction of the post under privacy laws. For example, EU citizens can leverage the Right To Be Forgotten ruling.
– Ask the platform to prevent recirculation by appending the image file. This disallows future re-posts.
– Monitor the site to ensure the content stays down. Follow up with additional reports if necessary.
Reporting to the website administrators creates an obligation for them to investigate and remove the violating content in a timely manner.
File a legal takedown notice
To compel removal of photos, you can send a formal DMCA (Digital Millennium Copyright Act) takedown notice. The steps include:
– **Identify the infringing content** – Provide URLs and descriptions of all infringing posts, images, etc.
– **Specify the infringement** – Explain how the use of the photos violates your copyright.
– **Include your contact info** – The alleged infringer may send a counter notice to you.
– **State your authority** – As the child’s parent or legal guardian.
– **Request expedited action** – Ask for immediate removal or blocking of the content.
– **Send to the site’s agent** – Find their designated DMCA agent email and send by certified mail.
– **Follow up** – Confirm the site removed the infringing content in a reasonable timeframe.
A valid DMCA notice legally requires the content host to take swift action. However, the photos may still exist elsewhere online. Removing the images across the web requires additional steps.
Attempt to contact the original poster
Ideally, the original source of the photos can be located and convinced to delete them. Some options to try:
– Search using Google Images or TinEye to trace the earliest online version.
– Check sites like Photobucket and Flickr, which many people use to store and share photos.
– Look for watermarks or photo metadata that could identify the source.
– Search Facebook or Instagram by image rather than text to find matches.
– See if friends/family recognize the poster’s social media handles.
– If all else fails, hire a lawyer or online reputation expert to track down the original poster.
Getting the images removed from the original source can prevent further spread across the web. Directly communicating with the source poster is the most effective way to resolve unauthorized sharing at the root cause.
Issue a copyright claim
Copyright law is on your side if you took the photos or paid a photographer. To issue an official claim:
– **Register your copyright** – File registration forms and fees with the U.S. Copyright Office.
– **Send notices** – Notify sites hosting your images that they are violating your registered copyrights.
– **File a lawsuit** – Sue for statutory damages and attorney fees if infringement continues after being notified.
– **Demand enforcement** – Require platforms to enforce your claim against re-uploaded images via fingerprinting or other technical means.
Pursuing legal action compels sites to comply or face court orders, injunctions and significant monetary damages. However, litigation is expensive and the process is slow. Thus, it should be used selectively for the most serious violations.
Submit removal requests
To expand the photo removal across the web, submit take down requests to multiple sites:
– **Search engines** – Use Google’s removal tools or Bing’s reporting form.
– **Websites/blogs** – Contact site owners, webmasters or privacy officers directly.
– **Social networks** – Report to Facebook, Instagram, Twitter, Snapchat via their reporting tools.
– **Link sharing sites** – File complaints on Reddit, Imgur, Tumblr, Pinterest, etc.
– **Video platforms** – Flag unauthorized uses on YouTube, TikTok and other video hosts.
– **Image hosts** – Report to Photobucket, Flickr, Shutterstock and similar sites.
– **Forums & message boards** – Notify moderators or admins according to site guidelines.
– **Archive sites** – Submit removal requests to Wayback Machine, Archive.org, caches, etc.
Continually searching for and reporting photo uses across platforms is often referred to as “whack-a-mole”. It’s time consuming but necessary in order to gain control over your child’s online photo presence.
Leverage “Right to be Forgotten” laws
In some cases, you may be able to leverage “Right to be Forgotten” (RTBF) laws to expedite content removal. For example:
– **GDPR** in the EU provides RTBF rights regarding personal data.
– **California’s privacy laws** allow minors under 18 to request data removal.
– **Removing court record photos** of minors is sometimes possible if the juvenile’s identity is at risk.
– Make requests under the **basis of child endangerment** if the photo misuse poses a safety threat.
– Argue the **subject is not a public figure** and has privacy rights as a minor child.
While RTBF laws focus on individuals being able to control their personal data, good arguments can often be made for removing childhood photos from sites against a parent or guardian’s wishes.
Deindex pages from search results
Getting photos removed from websites entirely can be difficult. But you may be able to use privacy laws to have pages containing the images excluded (deindexed) from search engine results. Options include:
– **Google removal tool** – Allows requesting deindexing of pages with unauthorized or doxxing photos.
– **Bing removal tool** – Similarly allows reporting pages to be removed from search results.
– **Right to be Forgotten** – Citing privacy and danger, images can possibly be deindexed in the EU.
– **Legal requests** – Lawyers can send requests per search engine guidelines to enforce deindexing.
Having the pages removed from search engine indexes limits public access and exposure of the images. However, determined individuals could still find the pages through direct URLs. But it’s a helpful mitigation.
| Site | Takedown Process |
|---|---|
| Report using built-in tools. Send legal takedown notice if needed. | |
| Report as unauthorized use. Can submit detailed request form. | |
| Submit request via online webform. Right to be forgotten request in EU. | |
| YouTube | Flag video. Submit privacy complaint. |
| Report directly from the tweet. Select child sexual exploitation reason. | |
| Report under prohibited content. Fill notice form. |
Prevent images from being reshared
Simply having your child’s photo taken down does not mean it cannot be posted again. To help prevent resharing:
– Request appending of images (overlay preventing recirculation) when reporting to platforms.
– Work with platforms to fingerprint images so re-uploads can be automatically blocked.
– Set all social media accounts to private so it’s harder for others to access your family photos.
– Disable right-click saving on your personal website or blog to block downloads.
– Avoid publicly posting recognizable photos anywhere online in the future.
– Watermark or add text overlays before posting any images to tie them directly to you.
– Opt-out of image indexing on major search engines via noimageindex meta tags.
– Hire online reputation management services to continually monitor and force takedowns of your child’s photo.
It takes continued vigilance to prevent photos from being reshared. But utilizing these precautions can help minimize the risk of repeat unauthorized posting.
Educate your child about online safety
It’s important to educate your child about online safety in age-appropriate ways:
– Discuss risks of sharing photos publicly online or with strangers.
– Set guidelines about what photos are okay for social media and public profiles.
– Ensure they know to ask permission before sharing photos of others online.
– Establish rules around posting or sending pictures privately as well.
– Teach them to report any misuses of their image or cyberbullying.
– Let them know coming to you is safe if anything ever makes them uncomfortable online.
Starting early and continuing this dialogue helps protect them now and instills responsible online habits as they get older. Lead by your own example of thoughtful photo sharing as well.
Consult an attorney
For major or repeated violations, consulting an attorney may be advisable:
– **They can issue cease & desist letters** demanding photo takedowns on your behalf. These carry more legal weight.
– **Help you pursue formal legal action** like copyright claims and lawsuits if necessary.
– **Guide you on rules and regulations** around image usage and child privacy in your jurisdiction. Laws differ in different countries and regions.
– **Assist removal under RTBF laws** as they pertain to minors in your area. For example, the EU’s GDPR policies.
– **Provide options relevant to your specific situation**. There may be additional recourse available depending on the details.
While the initial goal is to resolve unauthorized photo sharing cooperatively, attorneys have tools to compel removal if those efforts fail. They can advise you on the laws and regulations surrounding child photography rights.
Pursue criminal charges
If the photo sharing involves clear criminal violations, pursue relevant charges:
– Report **child pornography** to authorities immediately for criminal investigation.
– **Child sexual exploitation** by predators warrants involvement of law enforcement.
– **Harassment and cyberbullying** may qualify as criminal acts in some cases.
– Consult police if you suspect **stalking, extortion, identity theft or other crimes**.
– Citations for **copyright infringement or DMCA violations** may be possible depending on severity.
– If threats are made over disputed photo usage, that can potentially be charged as well.
Criminal charges should be reserved for the most egregious offenses with ill intent. Work with law enforcement and attorneys to determine if criminal charges are applicable. The goal is protecting your child’s safety.
Consult reputable cybersecurity firms
Reputable cybersecurity firms have investigative resources to help stop unauthorized photo sharing, even from anonymous sources:
– Online investigative tools and techniques
– Methods to trace original poster
– Technologies to conduct deep web searches
– Contacts with platforms to expedite removal
– Experience submitting successful legal takedown notices
– Assistance pursuing charges if criminal offenses occurred
– Ongoing reputation monitoring and deindexing
These services don’t come cheaply, but provide extensive expertise and manpower for serious photo violations. They have resources far beyond what an individual can leverage alone.
Use it as a teaching opportunity
While upsetting, unauthorized photo sharing can serve as a teaching moment for your child:
– Set an example by advocating for their privacy and pursuing removal calmly.
– Explain that while technology is amazing, caution is needed in sharing personal photos.
– Make it an empowering experience by focusing on solutions, rather than just problems.
– Share age-appropriate guidance around privacy settings, reporting abuse, and being responsible online.
– Reassure them that even if mistakes happen, you’ll work through it together.
With supportive guidance, the experience can impart important wisdom about online safety that will continue protecting them in the future.
Conclusion
Having your child’s photograph posted publicly without your consent is an unnerving violation of privacy. If it occurs, stay calm and remember you have options. Contact the poster, report to the platform, submit removal requests, leverage legal removals, and pursue criminal charges in extreme cases. Prevent resharing by appending images and fingerprinting. Educate your child about online safety. And consult attorneys, cybersecurity firms, and law enforcement if violations persist or involve predators. While an unfortunate issue, you can take steps to regain control, restore privacy, and use it as a learning experience. With determination and diligence, you can successfully address the unauthorized sharing of photos of your child online.