Someone has a picture of my child on the internet and I have asked them to remove it and they won't. Is there any type of legal action I can take?
2007-07-11 13:21:52 · 7 answers · asked by cloudlady 1 in Politics & Government ➔ Law & Ethics
Get a lawyer, now. Have them contact the internet provider, site manager, etc. with a formal letter demanding they remove it.
Follow your lawyer's advice.
If that is too expensive for right now, you may wish to let the same people know, in a polite way, what you wish, and that you are in the process of retaining council.
Good luck to you.
2007-07-11 13:28:58 · answer #1 · answered by mckenziecalhoun 7 · 3⤊ 2⤋
Both "Kevin" and "hexeliebe" are correct as I understand the law. If this was done in a public place you don't have any legal recourse. If this was done in a private location and/or you know the individual who took the picture (which may be you) then you can send a letter to the web site's hosting company, i.e. follow "Kevin"s advice. If you know the person who took the picture, and it wasn't you, the person who took the picture can request to have it removed. Do not ask the person who has posted it. Ask the company that is hosting the picture.
Honestly, even if you do not have the legal recourse to remove that picture, a threatening legal letter will usually cause the web site hosting COMPANY (and not the individual) to remove that site as they do not care to go into litigation for one random user. You don't need a lawyer for a threatening legal letter, but if you can't look up and cite legal codes and send a grammatically proper letter then get a lawyer.
2007-07-11 14:38:00 · answer #2 · answered by figgypower 3 · 1⤊ 0⤋
You have a legal right to your image and likeness as well as those to whom you are the legal gaurdian.
You do not nessessarily need a lawyer. Contact the service provider of the website as well as the owner of the site. Inform both formally and clearly what you wish to happen (ie: removal of the picture) and what will happen if they fail to do so. Even if you cannot afford a lawyer, it is not likely either party knows that for sure, or how far you are willing to do. Treaten that you will hire a laywer and file a lawsuit, as technically you do have the right once they refuse your request. If you do choose to take legal action, make sure you keep a copy of all transactions that take place between you and the parties involved (the site owner, the service provider, wittnesses, etc.)
Alternatively, you can contact the local authorities and ask them if they can take any recourse. I am not sure if they are able to or if you must file a lawsuit.
2007-07-11 13:33:27 · answer #3 · answered by Anonymous · 4⤊ 3⤋
You could have an atty. send a letter...otherwise if you didn't copyright the photo it's fair game....but you may kida sorta call the police and report it..maybe they can invetigate the person to see if they are a registered pedophile and find a way to bust his (a s s)
2007-07-11 13:31:11 · answer #4 · answered by Anonymous · 1⤊ 1⤋
based SOLELY on the facts you presented, you have no legal recourse.
PERIOD!
Now, if there are further facts presented, like who has the photo posted and when and where was it taken, you MIGHT get another answer.
2007-07-11 13:50:44 · answer #5 · answered by hexeliebe 6 · 2⤊ 1⤋
If its on myspace or something, Report abuse to the website... otherwise...no not really, sorry.
2007-07-11 13:27:22 · answer #6 · answered by Funky 2 · 1⤊ 1⤋
yes you can spank or slap them!
2007-07-11 13:24:47 · answer #7 · answered by TeeHee 3 · 1⤊ 2⤋