A child is shared by two adults. The child has shared legal custody with both parents. Without the permission of the parent, the co-parent posts pictures or videos of the child on social media. Does my ex need permission to post my child online?
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The state of Michigan does not have any regulations about this. There is no law requiring the approval of both parents before a child’s photo can be displayed online. We actually encounter it frequently. On Facebook, we can see parents. The mom has a Facebook page. The father either has a Facebook account or doesn’t have one. Without a court order, both parents are permitted to share their child’s photo on social media. Submit a motion to the court. Provide a strong justification for not wanting your child’s photo posted on social media. Your child’s image won’t be used or posted again without a court order.
Is there a reason to be concerned about posting videos of children online?
Children and young people now have access to information, culture, communication, and entertainment. These are access to levels that were unthinkable just 20 years ago. These realities are enabled by the Internet, mobile devices, and other electronic media. Many of these amazing advantages also carry risks. The Internet has made it simpler to produce and disseminate material.
The Internet and related technologies are tools even for criminals. They made the circulation of violent images of children possible. The technology offered major new opportunities for abusers. Opportunities to access and interact with children and teenagers online. Crimes involving child sexual abuse and exploitation are pervasive. These technologies did not invent them. The technology increased the scope and potential of several well-known and established ones.
Children are online more than ever. It is revealed in statistics from NetSmartz. NetSmartz is a website run by the National Center for Missing and Exploited Children. Kids between the ages of 12 and 17 are online in 93% of cases, and 75% of them have smartphones. Half of the children have profiles on sites like Facebook and Twitter. They have uploaded images of themselves, making up 73% of the total.
Children cannot provide their full consent. They cannot comprehend the implications of having their photographs shared online. You think you are sharing something privately. Individuals can capture and store the postings you make. A small audience on Instagram Stories or Snapchat makes your information publicly available. Data breaches can broadcast your personal data across the Internet. This can be available on the Dark Web.
Revealing intimate details and frailties betrays a lack of respect. It can undermine a child’s confidence in you. It compromises their sense of security. These can result in mental health problems later in life.
Sharing your information or posting a picture of your child may not seem detrimental. It’s vital to keep in mind that once information is posted online, it can be accessible to anybody. Even if you have stringent privacy settings, your posts can be shared with people. People you are not related to by “close friends.” An open account divulges your child’s personal data to strangers. Private accounts are vulnerable to hacking and unauthorized access.
Geotagging your house, your child’s school or any location children visit is not good. It may leave a digital trail of your child’s movements. You’re telling predators your child’s name and their favorite locations. They might appear wherever you go. Pretend to know you. It could result in kidnappings or attacks. Pay attention to the background of images as well. There are potential risks if a child predator can determine where your child lives. They can guess by looking at items like street signs or local businesses.
There is little chance of child abduction from shared photographs. It is still something to think about before sharing. Digital kidnapping is more frequent. Photos of children shared online are frequently appropriated. It can be exploited in marketing and transformed into false profiles. It can even be shown on dark web pedophile websites or social networks. An image published online is not considered to be in the public domain. The internet will have 5 billion users by May 2022. It can be challenging to trace and control where a picture ends up.
These online risks will continue. It will continue even when children are adults and mature enough to care for themselves. This is still a new occurrence. Over-sharing parents disclose private details of their children. Their complete names, birthdates, and places along with images. They make it easier for scammers to take the identities of their children. One piece of research cited by The New Yorker indicates this scam will become a trend. Identity fraud cases involving today’s juniors will rise. It will account for nearly two-thirds of all instances by 2030.
Why are images or videos of children openly published online?
Almost anyone may now post their own media content on the Internet. This is due to the widespread and pervasive use of smartphones. Privacy activists are concerned about this development, especially with regard to children. Is it possible for someone to post photos of your child on a blog or social media platform?
It is lawful for strangers to take pictures or videos of your child. They are free to broadcast or publish the images as well, with a few limitations. Contrary to popular belief, parents do not need to provide their permission or sign a release. To counteract this permissiveness, some states have established more stringent legislation. And school districts do take precautions to safeguard their students.
It seems dubious at best that a stranger could take a picture of your child. Do it without your permission and post it. The First Amendment is a legal principle permitting such materials as an expression. The publication and distribution of images and videos of children are legal. Apparently so under The First Amendment. The First Amendment forbids the federal government from enacting broad rules limiting freedom. The freedom of expression protects our personal freedom of expression and the freedom of the press protects institutions.
Even if you do not provide your approval, the photographs are usually legal. They are as long as they are used for editorial purposes and if they were taken while your child was in a public place. A journalist might publish a picture of your child playing in a public park in their newspaper. They can do it without your permission. The picture is in a newspaper piece about how well playgrounds are protected in city parks.
Can my ex-spouse publish videos of our children without my consent?
Unless a judge orders otherwise, a parent is often free to exercise their parental rights. They share information about their family with others. This includes sharing images of their children on social media. The social media account may be open to the public. It can allow anybody in the world to access postings and photos. It can be private, allowing only a select few family members and friends to view the images.
It can be challenging to persuade a judge to prohibit a parent from publishing family images online. Especially in the absence of substantial harm to the children from such postings.
The photos can show the kids riding their new pony or on dad’s new speedboat. The other parent can only be posting photos of the children having a good time in their presence to annoy you. These postings are done out of spite or with the intent to irritate you. It really isn’t enough to get a judge to order that the photos not be posted.
What can a worried parent do to restrict the circulation of childrens images?
Schools may have policies on privacy and security for children. You can exploit these policies. Ask for your school’s specific policies on child protection. Check if it includes the publishing of childrens images on social media. Your school policy can be silent on this part because it can also interfere with public relations initiatives.
Certain things may be forbidden around children like smoking or drinking. Check your parenting time order. Any pictures posted depicting these forbidden behaviors with the children can be helpful. You can ask for a modification of the custody and visitation orders. You can then ask the other parent to stop posting on social media as part of the modification.
The best course of action is to ask your attorney to file a motion to modify the parenting time order to include restrictions on the use of childrens images. Your attorney can give you the best legal basis and framework for this motion. You must have a very compelling reason to file this motion.
You can file a motion to ask your ex-spouse to stop sharing films or pictures of your kids. The Judge will determine whether you have enough justification to do so. Many kids have their own YouTube shows nowadays. Both the substance of the videos and the age of the children play a role in the judge’s decision.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.