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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
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What is the legislation on posting pictures of children on

Resolved Question:

what is the legislation on posting pictures of children on facebook without parental consent.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

I e-mailed photos of my children to my sister of them at a wedding for her to look at herself. She told me a few days later that all her facebook freinds loved the pictures. i was appalled as i had not given her permission to post them and now she is saying i am in the wrong for objecting to this.

Expert:  Jo C. replied 2 years ago.
I'm really sorry but she is right Im afraid.
There is no particular Magic in the fact that an image is one of a child. Nobody needs consent to take a photograph of a person in the UK save for very limited circumstances amounting to either indecency or those who are modelling professionally and haven't consented to their image being used for commercial purposes.
That is why the press can take photographs of people without their consent. They will usually block out the fact of a child but only because they were criticised at the leveson enquiry and it was one of the undertakings. They are not required to by law.
The only point you could take here is that the picture itself doesn't belong to her. It belongs to the person who took it. The difficulty with that is that you did send them to her so it is a double edged sword. It depends whether you placed conditions upon her possession and asserted them.
If you complain to facebook they might take them down but she has not breached the law unless you specifically told her these images were not to be shown to anybody else.
I'm very sorry.
Can I clarify anything for you?
Jo
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