Stopping Others from Sharing
Limit what you share. One of the easiest ways for others to post pictures of your child is for them to use an image you have already shared with them in some form. Limit what you post to social media, and only send pictures via text or email to people you trust to keep them private. Instead of sharing pictures via text, email, or on social media, share them in person when you meet up with friends and family. Show them the pictures on your phone or printed out, but do not give them a copy that they can save and post later. If you want to share on of your child’s accomplishments on social media, opt for a text-only post rather than posting a picture. Set any photos you do share to private on all of your social media accounts.
Make your boundaries clear. If you notice others taking pictures of your child or posting photos you shared online, have an open and honest discussion with them about your wishes for your child’s privacy. Let them know, “I would like to avoid having my child’s photo posted online.” Let the individual know what you would like them to do with the photo. You can ask them to simply keep it private, or request that they delete the picture completely. If the individual is hesitant about your terms, calmly and clearly outline your reasoning for why you trying to protect your child’s privacy.
Inform posters of action. If an individual still resists your terms after you've let them know that you don't want images of your child posted, tell them know that you will take immediate action on the sites to which they post to have the photo removed. Sometimes just the threat is enough to get others to act. Let them know, "I've clearly outlined my terms and my wishes surrounding my child's likeness. If you do not take this image down, I will put in a formal request to have the image removed and have your account blocked or suspended."
Avoid tagging or optimizing your photos. If you must share pictures of your child online, do not tag your photos on blogs, websites, or in social media. If you post them to a website or blog, do not add SEO tags, captions, or terms for that particular image. Tagging your image, including adding hashtags, makes it easier for others to search and find pictures of your child that they can then repost or use as they see fit. If you are posting the photos to a blog or personal website, you may also consider watermarking them to discourage others from using them.
Protecting Your Child from Being Photographed
Waive promotional permission. People and businesses cannot post your child’s likeness for any commercial purposes without the express, written permission of the child’s guardian. Contact your child’s school, daycare, and any place your child regularly visits to request no photos of your child be reproduced by the institution. In some cases, these places might already have a form drawn up that you can sign to suspend their right to use your child’s likeness. In other cases, you may have to draw up a letter on your own. Call the institution to ask about their specific policy. Some places will sneak these policies into broader waivers or even student handbooks. Read them carefully before you sign anything.
Monitor your child’s social media. Rather than discouraging your child from having social media accounts, which can simply push them to create secret accounts behind your back, allow them access to social media that you can monitor. Check accounts on sites like Facebook and Instagram daily to see what others have posted using your child’s image. As soon as your child gets able to use the Internet and post anything, including their photos, teach them how to stay safe online. Go through your child’s friends or followers and unfollow or unfriend anyone your child does not know in person. Let your child know that you will be checking on who follows them, and explain your reasons for removing strangers from their account. If you notice them getting tagged in other people’s photos, talk to them openly and honestly about the risks of having others post their photo online. Let them know that it is okay to ask for a photo to be deleted or to stay private.
Establish boundaries on private property. Photographers have a great deal of legal leeway when it comes to photographing in public spaces. Private spaces, however, can dictate if and when photos are allowed to be taken. Know the policies of the businesses and buildings you enter with your child, and establish rules for photography in your home. Kindly let others know that you do not give them permission to photograph your child your home. If you notice a visitor taking pictures, let them know, “We’d prefer guests do no photograph our family in our home.” When you are visiting someone else’s house, ask them, “Are you restricting photographs in your home?” If they are not, express your preference that your child not be photographed.
Taking Down Posted Images
Contact the website. If you notice someone else has posted a photograph of your child without your permission, immediately contact the website and ask about protocol for removing the photo. Explain that you are the child’s legal guardian and you do not consent to that photograph. Social media sites such as Facebook, Twitter, and Instagram all have policies set in place to report a photo that you feel violates your family or your child’s privacy. Facebook also has easily-submitted online forms for photos of individuals under the age of 18 that you feel violate the child’s privacy.
Request the publisher crop the photo. If someone shared a group image such as class picture that has your child and others in it, contact the poster directly and request that they crop the photo so that your child does not appear. You may also request that they blur or black out your child’s face. Contact the individual and let them know, “I acknowledge that you have the right to post this photo but I request that my child’s likeness be removed from it.”
Seek a children’s rights lawyer. If someone is repeatedly posting pictures of your child for commercial purposes or malicious purposes such as pretending your child is their own, immediately contact a children’s rights lawyer. They can help you navigate the law to have the images taken down and see if there is a civil or criminal case against the individual. If someone has claimed your child as their own, do not try to reach out to them or reason with them. Block their access to all of your personal media and immediately contact an attorney.
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