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Can I take legal action against someone that posts pics of my adopted child, against my wishes, on internet sites?

Irmo, SC |
Filed under: Civil rights

My husband & I have repeatedly requested that people NOT post any pictures of us or our adopted child on internet sites such as Facebook. We feel this is an infrigement of our privacy. If people continue to disregard our wishes, can we take legal action against them?

Attorney Answers 2

Posted

It does seem like an invasion of privacy, but there are no doubt more facts here. What possible motivation could there be? Do you know who these people are? It seems that it could put your child at risk in various ways. I suggest you consult with an attorney so you can lay out all of the facts. Your attorney can write a letter demanding that they stop (cease and desist). There may be some stalking issues that your attorney can formulate for you to take to the police.

You are right to try to stop this, but an attorney can go over all of the facts it would be unwise to post here.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

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Posted

I would agree with Barry, as there are undoubtedly more facts here that need to be parsed. From a civil privacy law point of view, most states have laws in place that create causes of action at common law (casually referred to as state privacy torts) under which you can claim damages. These are generally placed into 4 categories:
Misappropriation of one's name/likeness;
Intrusion upon one's seclusion, or into one's private affairs;
Publicity which present someone in a "false light"; and
Public disclosure of embarrassing private facts;

Depending upon the facts, such a cause of action may or may not exist in your case. Further, to the extent such pictures are your own (i.e. one's in which you own the copyright because you took them), their posting by others would be a violation of your exclusive rights in the work. Again, far more facts are necessary here. Depending upon where such pictures were posted (i.e. Facebook or other social media sites), you should review the terms of use regarding third-party rights to see if such posting would be a violation of those terms as well. In any event, you should seek the assistance of a qualified attorney to review the facts with you in confidence so that you can be properly counseled on an appropriate course of action.

The foregoing answer is for informational purposes only and does not constitute legal advice. It certainly doesn’t create an attorney-client relationship - no social media platform can take the place of advice from a duly licensed and qualified legal professional retained by you to address your legal needs. No representations are made as to accuracy, completeness, currency, suitability, or validity of any information provided, and I will not be liable for any errors, omissions, or delays in this information, or any losses, injuries, or damages arising from its display or use. All information is provided on an ‘AS-IS’ basis, without any warranty whatsoever, to use at your own risk.

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