my family has been suffering from harassment for 3 years, one court case later, my children suffering terribly, we have now had a neighbour tell us that the father of the family was outside videoing my son on his mobile phone. My son was just sat on the floor on his own, causing no nuisance. Is this legal. Im not allowed to video my son at his school play. Is this man allowed to video my son.
2007-02-04 21:13:54 · 23 answers · asked by S C 1 in Politics & Government ➔ Law & Ethics
No, no-one is allowed to video your kids without your consent.
Have a word with that man and report it to your local Community Officer.
2007-02-04 21:18:28 · answer #1 · answered by Nini 5 · 2⤊ 0⤋
It actually depends on a number of factors:
1. Your son's age. As the others have stated if he is a MINOR it is certainly going to be an issue. If he is of the age of consent then there is the grey area of the proven state of affairs between your two houses/families. As he is a minor it is a bit tricky (see the rest).
2. WHERE your son was. You say "floor"- are you suggesting your son was in your home, on the floor, at the time?! In which case it is a nono either way as it is a invasion or privacy whatever his age.
If he was on the street sitting on the GROUND then- erm... Was he on your property or on the pavement?
3. What IS the state of play with the harrassment case? Has it been won by you? What is the basis of settlement?
While I appreciate your concern and point regarding the school play filming here is the pinch- IF he were to claim that he was doing the filming for his own protection, in that your son was evidencing anti social behaviour (and we KNOW he did not) or about to claim he had been assaulted by your neighbour a defence counsel might claim he was doing it as an ongoing preventative and protective measure and a court MIGHT consider his case in defence of his action. I am NOT saying that they would but they may consider his ill-advised actions as having been "understandable" and go easy on him.
I make these points because you asked if it was LEGAL for him to do what your neighbour alleges he did.
Now- it IS an allegation and as such has to be treated as hearsay. Unless YOU have proof or very reasonable suspicion that it is so (ie your son witnessed this, or this has happened before) I would be tempted to contact the police and ask them to discuss the matter with you and the neighbour making the allegations. This will then form the basis of a possible restraining order against your neighbour with the camera.
So- not whether it is legal or not but more DID it happen and DOING something about it.
Go for it! NOW!
(edited to add a note to becbark: I think the asker was meaning that the FILMING was being done on a mobile phone and not that the six year old was on the mobile phone. ;-) I note that we are talking about VIDEOing the child. This is a mobile phone! It DOES throw up the debate, in light of the news just yesterday, if a mobile phone is permissable in school where it can be used to fuel anti-social behaviour. For those who may not have heard- an assault on the headteacher by a pupil was filmed by another pupil using, you guessed it, a mobile phone.)
2007-02-05 05:34:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Sounds like you need an anti harassment order. You need to look at getting it ASAP. He should not be video taping your son for any reason. I cannot even think of a reason that could justify this. I am not sure, but that you might even be justified in charges against him. If your son was inside at the time, then you have at least criminal trespass charges to file. But get the anti-harassment order, it should stop this nonsense quick and don't be afraid to call the cops if it is violated. Each time you call they track and if enough happen then the police will get involved. In this state if you have to report over 3 violations then it is considered to be stalking and that is a felony with mandatory prison time.
2007-02-05 05:21:34 · answer #3 · answered by mcdomnhal 3 · 0⤊ 0⤋
well first off the man can pretty much video tape what he wants aslong as he isn't breaking any laws. how ever if i read your question right your son was in the house correct?? if so then this is an invasion of privacy and you can take him to court. if you get a good enough lawer you can probably get him charge as a potiental child pronographer.
on a second note since you where on the school premises they have the right to determine if video carmeras can be used in the building or not. just like you can tell someone to get off your grass or being told to be quiet in the library
2007-02-05 05:24:43 · answer #4 · answered by desiree60411 2 · 0⤊ 0⤋
Unfortunately the law on this is not clear - there have been many attempts by people to claim damages against people videoing them - all to no avail!
The problem stems from the fact that recording images in or on a public highway cannot be restricted in any safe manner or method - the person videoing your son may have been or may claim to have been videoing a bug on the wall! Unless you have more concrete evidence (i.e. the recording) you may not be able to prove it! And, most certainly if approached by you or police, he will destroy it!
However, as you are in conflict with your neighbour and I do sympathise with you on this one, you may be able to push the realms of acceptability a little more with the police, in view of court history etc etc!
If he is found to be making videos of your son, on your property, he needs your permission (unless a crime is taking place or is about to take place)! If you do not give permission - it could be classed as 'invasion of privacy' and action can be taken - again in light of your previous problems!
The best person to ask to be absolutely clear, is your local Home Beat Officer - report to him!
If that does not prove satisfactory - you may need to take out a court order against him/the family to prevent them from recording images of your son! In any case, it is harrassment and an infringement of your (and son's) rights!
2007-02-05 05:27:13 · answer #5 · answered by jamand 7 · 0⤊ 0⤋
At a session for photographers (link below) the following question and answer came up:
Q: Are you breaking the law just by taking a person’s picture in the street?
A: (John Burns and Shelley Beaumont from the intellectual
property department of Halliwell Landau said): Yes, because a picture can identify an individual and under the Data Protection Act (DPA),
a person must consent to the capture and storage of any of their personal information.
Without this consent, a photographer is at risk of a civil claim by their subject.
So you can tell him to stop and sue him if he doesn't.
2007-02-05 05:36:23 · answer #6 · answered by gvih2g2 5 · 0⤊ 0⤋
I don't know enough to try to make an intelligent comment but I would NOT care to have someone take pictures of my children without my permission. I would call the police, make a report, and then see if you can get a restraining order to keep this person away from your children and property. I would tell the courts that you fear for the safety of your children and your property. He sounds creepy but I'll bet there is more to it than you're telling us. Whatever goes on between adults is one thing but children need to be left out of it.
2007-02-05 05:31:42 · answer #7 · answered by towanda 7 · 0⤊ 0⤋
have you reported this man to the police. Maybe they could go round and have a word with him. If your son is just talking on his mobile then there should not be a problem. This man sounds like he might be a pedo. Try getting a restraining order against him. or threaten him with court action if he dosen't stop
2007-02-05 05:24:24 · answer #8 · answered by sky2slayer 2 · 0⤊ 0⤋
No he CANNOT. Ask your neighbour to go with you to the
police. This must be reported and even if nothing is done about it
now it will be logged with the police for future reference.
Child Protection is paramount now - and as you say, permission
has to be given to a person before they take a photograph or
film now. Good Luck.
2007-02-05 05:32:23 · answer #9 · answered by Minxy 5 · 0⤊ 0⤋
no but can i ask why a six year old has a mobile phone?
'Children absorb more
At the end of an article describing the growing problems of mobile phones in schools, the author reports a 1996 study by Om Gandhi, a professor at the University of Utah in Salt Lake City (US), which found that five year old children absorb 50% more radiation than adults whilst ten year olds absorb 10% more. '
2007-02-05 05:30:48 · answer #10 · answered by becbark 2 · 0⤊ 1⤋