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Is it legal for paper to pubish child's photo and personal info without parent's o.k.

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wolfdaddy99

Junior Member
What is the name of your state (only U.S. law)? MA

What is the name of your state (only U.S. law)? MA

My wife and I made front page news of our small town paper because we formed a PAC and recalled the local town council president. The story demonized us as "malcontents" who are "tearing at the fabric of our town". This was fine with me, as our town is made of highly flammable fabric, and I am proud to be a malcontent in this grossly corrupt little town.

On page THREE was a color picture of my 7 year old son, with his name, age, and village while he was selling popcorn for Cub Scouts in front of the local library. I had no knowledge nor did I give permission for this photo to be published.

Normally I would not have a problem with my son's photo in the paper, even without my permission, but under the circumstances, I have a huge problem with the paper painting my wife and I as dirtbags for political puroses (demonizing right before the recall election) and then putting our child's photo with personal information just inside the cover. All of the scout parents saw the cute picture of our son, but only after they saw the horrible story about his parents.

Question: Is it legal to publish a 7 year old boy's photograph including his name, age, and village without his parents' permission?
 


tranquility

Senior Member
Yes, it is legal if newsworthy. Some papers won't in general and many won't if it is something which could involve a negative perception (rape, incest, abuse) of the child, but there is not a direct law against it. There is a set of privacy torts which could, in a stretch, be used in some situations (not like yours), but you would have to prove up damages to even consider filing.
 

wolfdaddy99

Junior Member
Thanks

I'm not interested in suing, but I would like to say or do something to prevent it from happening again, if possible.
 

quincy

Senior Member
You can always contact the editor and express your displeasure.

But tranquility is right.

While most newspapers will try to get permission from a parent or guardian before photographing and/or publishing a photograph of a child, it is not legally necessary to do so when the photo depicts a newsworthy event, especially an event exposed to public view.
 

j991

Member
What is the name of your state (only U.S. law)? MA

What is the name of your state (only U.S. law)? MA

My wife and I made front page news of our small town paper because we formed a PAC and recalled the local town council president. The story demonized us as "malcontents" who are "tearing at the fabric of our town". This was fine with me, as our town is made of highly flammable fabric, and I am proud to be a malcontent in this grossly corrupt little town.

On page THREE was a color picture of my 7 year old son, with his name, age, and village while he was selling popcorn for Cub Scouts in front of the local library. I had no knowledge nor did I give permission for this photo to be published.

Normally I would not have a problem with my son's photo in the paper, even without my permission, but under the circumstances, I have a huge problem with the paper painting my wife and I as dirtbags for political puroses (demonizing right before the recall election) and then putting our child's photo with personal information just inside the cover. All of the scout parents saw the cute picture of our son, but only after they saw the horrible story about his parents.

Question: Is it legal to publish a 7 year old boy's photograph including his name, age, and village without his parents' permission?

Yes it is legal to publish a "public" photo in the paper without your permission. The issue all boils down to the expectation of privacy. That is, if you son was selling popcorn in a public venue then he has no expectation that people will not or could not take a picture of him doing so, therefore, the paper is able to publish the picture. You should check your states laws concerning the publishing of "private" pictures. A private picture would include any photos taken while your son was not in a public activity. This is most often brought up when paparazzi sneak in and take pics of celebs in their backyards, etc.
 

tippet33

Junior Member
Thanks

I did not "want to be the activist". I am more of an accidental activist. After living peacefully for over 20 years in this town, certain events occured (some to me personally) that caused me to take a stand against gross abuse of power in our local government.

While the recall did not pass, it did get 41% of the voters' support. It was the first recall election in the history of the town. Another one is being organized against another councilor for similar charges now, that has a better chance of success. I am not involved in this recall, and am recovering by spending more time with my family.

The timing of the article in the paper with the picture of my son, actions of town officials, police, district attorney's office and other town hall sycophants has taught me that there is a powerful machine firmly entrenched in local government. A charter commission is currently working on a new charter that may stop the passing of the buck in our community and hopefully some measure of accountability will reduce the outrageous amount of corruption here in tiny town. Thanks again for your thoughtful responses.
 

Amplady

Junior Member
Our council office did the same thing when both of my sons sold over $2000 each in popcorn earning them the top kernal award in our council. It was something only 31 scouts amoung the hundreds of them did. I was completely unaware until I received the picture it was being done.

Unless the information about your son was incorrect, slander etc. I dont see how there is much to say other than couldn't they have waited a week on his picture and been a little understanding. It might be different departments if it is a larger newspaper and they may not have even known it. Or they might just have thought thats irronic and funny.

I try not to understand people unless I have to because it makes my head hurt lol.
 

tippet33

Junior Member
No I'm not, bossypants!

Thanks, Amplady. The newspaper now has competition as a better paper has come to town. Now the town hall sycophants from the old rag are sending me a free copy every week. It has made great kindling this winter.

I'm spending my money with the new guys!
 

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