Child Photo Dispute
The client is experiencing a challenging relationship with their mother-in-law, who has shared images of the client's young child on social media without permission. Despite efforts for removal through written requests, the mother-in-law continues to refuse, asserting her rights related to the photos as the child's grandparent. The client has reported the situation to the social media platform and is facing considerable emotional distress due to the matter. The visibility of the photos is set to a limited audience, and no prior incidents of this nature have occurred. The client and their partner are united in their desire to have the photos taken down and are interested in preventive measures for the future.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal steps can I take to have the photos removed from social media?
To address the issue of the photos on social media, you may want to consider sending a formal cease and desist letter to your mother-in-law, warning of possible legal action if the images are not deleted. A solicitor could assist in drafting this letter. You might also consult your solicitor about pursuing an injunction from the court to stop further sharing of the images. Additionally, explore legal options under child protection laws. If necessary, your solicitor can guide you in filing a request with the court for the removal of the photos. Engaging the platform’s legal team may also expedite the issue. For further information, you may refer to the eSafety Commissioner for guidance regarding privacy breaches involving children.
Are there any privacy laws in the region that protect my child's image from being shared without consent?
In the region, relevant privacy legislation regulates personal information management, including images. While these laws primarily target organisations, there might be potential claims under defamation or breach of confidence if a child's image is shared without necessary consent. The unauthorized use of a child’s image could also violate the social media platform’s policies, providing another route to resolution. However, currently, there is limited statutory protection regarding personal image sharing by individuals.
Can my mother-in-law face any legal consequences for refusing to remove the photos?
Your mother-in-law could potentially face legal consequences under applicable privacy laws if sharing your child’s image is perceived as a privacy breach. If the photos are causing emotional distress, you might consider exploring potential claims under defamation law or seek an intervention order if the situation escalates. However, it might be more fruitful to negotiate the removal through communication or mediation.
How can I prevent this situation from happening again in the future?
To avoid similar situations, set a clear understanding with your mother-in-law regarding the sharing of your child's images, specifying what is permissible. Consider discussing your family’s digital boundaries through a meeting or mediation if direct communication is challenging. Strengthen privacy settings on your accounts and limit sharing of your child's images online to create a standard. Educate family members about online privacy risks associated with sharing children's images and seek professional resources if necessary.
Is there a way to report this issue to the platform directly under their community standards or any legal framework?
You can report the issue directly to the social media platform under their community standards, particularly focusing on privacy violations involving minors. The platform has specific guidelines for such situations and provides a reporting tool for unauthorized images. Additionally, resources and assistance from the eSafety Commissioner may be useful for addressing online privacy concerns.
