Molly Martens Facebook - Use of pictures?

BlueLass

Now that she has been found guilty and sentenced, I can't believe that no one has seen fit to challenge her 'right' to keep photos of the children on her public page! The press don't even identity them but apparently she can via her FB page. It doesn't seem right to me that she can/does keep them online. Would Mr Corbetts family be able to challenge this? I know jurisdiction would be an issue but is it allowable to post photos of minors that you're NOT related to on your social media?

Is there currently any legislation in place or intended to be in place to address this??

Mr. Incognito

What?

I'm sorry but what's it to you?

Did you get a free set of crayons with your sense of outrage?

Easy now, pls

We should encourage discussion as long as it is within rules

BlueLass

Mr. Incognito wrote: »

What?

I'm sorry but what's it to you?

Did you get a free set of crayons with your sense of outrage?

Whoops, looks like my 'outrage' has outraged you. I don't understand why you felt the need for the aggressive response but if that's your natural reaction, well, nothing else to be said!

My query is quite simple really, it appears that anyone can post pictures on a public social media of minors without consent and I was curious as to what steps can be taken to get them removed if it was in the minors best interest? Anyone else got an opinion?

Gatling

Might be difficult been people using them are claiming to be aunt's of the children while claiming their father was involved in domestic and sexual abuse.

It might have to come from the actual family to have them removed

BlueLass

Gatling wrote: »

Might be difficult been people using them are claiming to be aunt's of the children while claiming their father was involved in domestic and sexual abuse.

It might have to come from the actual family to have them removed

Not necessarily specific to this case but does a parent/guardian have legal recourse to insist photos of their child be removed from someone else's social media page?

Gatling

BlueLass wrote: »

Not necessarily specific to this case but does a parent/guardian have legal recourse to insist photos of their child be removed from someone else's social media page?

You can ask but I believe a child can't give consent for their image to be posted on social media

Thirdfox

BlueLass wrote: »

Not necessarily specific to this case but does a parent/guardian have legal recourse to insist photos of their child be removed from someone else's social media page?

From my college days of copyright/IP/criminal law there are a number of factors at play.

1. Is the image being used commercially? In an individual's social media generally no i.e. not coca cola saying "look at these people enjoying the refreshing taste of coke"

2. Is there a reasonable expectation of privacy? I take a picture of a child playing in a park - it's public grounds and there is no expectation of privacy. I take a stepladder to peer over a hedge and take a picture of a child (or anyone) in the bathroom, there is obviously an expectation of privacy there.

3. Is the image taken as a result/or results in a criminal act? I harass someone by shoving a camera in their face and repeatedly take photos even after the person has told me to stop - this can be construed as harassment and resulting images "may" (I'm not certain actually) be required to be taken away (or it is more a case that the person can report my actions to the police - whether they act on this minor case of harassment is up to them).

As a lapsed photographer I do get quite sensitive about sensitive people with taking photos of strangers' children - children in public are not a sacred cow, just like a rose bush or a dog - they can be photographed and shared like any other photographic image. If I were to start selling their images as art I would cover my legal base and obtain consent forms for use (and payment may be necessary depending on what level of commerciality is envisioned).

But to cut a long story short - absent good reason for why an image is prohibited - I can take photos of whoever I want and put them up for general public viewing and thankfully that is the case!

BlueLass

Thirdfox, many thanks for that informative reply however I suppose my query is more along the lines of say for example, an ex partner or estranged friend not biologically related to the child, the relationship broke down with Ill feelings, they post their photos of your child with them which makes the child uncomfortable, is there then any way to force them legally to remove it?

Fred Swanson

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Thirdfox

BlueLass wrote: »

Thirdfox, many thanks for that informative reply however I suppose my query is more along the lines of say for example, an ex partner or estranged friend not biologically related to the child, the relationship broke down with Ill feelings, they post their photos of your child with them which makes the child uncomfortable, is there then any way to force them legally to remove it?

From my understanding no there is not. The main crux of the issue at all times is 1. Who has ownership of the photo and 2. Can the photo be used?

On ownership, hypothetically if I took the photo and then my exgf wants to use that photograph then I as the owner of the photo can take legal action against my exgf as she is infringing on my copyright on that photo. Not that I would ever recommend legal action for such small matters and then you get into questions on proving ownership.

The subject of a photo i.e. the child has been dealt in my previous post. If the photo, when taken, was taken legally then it would be very hard to mark any sort of privacy argument as at the time the photo was taken all parties were presumably willing participants.

Interestingly from a photo law point of view the "revenge porn" cases do throw this general legal stance into doubt as while the owner of the photo may have gotten the subject of the photo to be a willing participant at the time the photo was taken this does not allow the owner of the photo to use the photo however they wish after the fact. But that is more on the criminal side of law rather than civil which is what you are looking at with your question.

But that is specific law made for that specific case (just like sending nude selfies can be classed as distribution of child pornography).

In your general question of A and B break up, A uses old photos of B and C that A took then no, I don't see how B can make A take down the photo.

Finally, one should always remember that companies such as Facebook are not state bodies, and so are not bound by constitutional freedoms of expression etc. Just because legally you cannot make someone take down a photo does not mean you cannot get the photo taken down using arbitrary, non-legal rules that the company itself enforces. In effect, their site, their rules. So that might be the best bet in getting photos removed, it could be against that particular companies' terms of service i.e. photos of male nipples are generally fine on facebook, but female nipples are generally not - legally no distinction but the company can make their own rules on what is allowed.

Victor

If she's in prison / jail, she might have difficulty accessing Facebook.

BlueLass wrote: »

Now that she has been found guilty and sentenced, I can't believe that no one has seen fit to challenge her 'right' to keep photos of the children on her public page!

I'm just wondering, why were you looking at her Facebook?

Mr. Incognito

BlueLass wrote: »

Whoops, looks like my 'outrage' has outraged you. I don't understand why you felt the need for the aggressive response but if that's your natural reaction, well, nothing else to be said!

My query is quite simple really, it appears that anyone can post pictures on a public social media of minors without consent and I was curious as to what steps can be taken to get them removed if it was in the minors best interest? Anyone else got an opinion?

Thats not what you asked.

Molly has pictures of her legal children on her facebook. The fact she thumped their dads head inside out doesnt change that fact. Your pseudo outrage and deep moral concern on behalf of strangers extends to coming here seeking some legal pitch fork. Thats not what the law is for.

Your above question is different. "Can" anyone post minors pictures without their consent. Yes

"May" they do so legally. The parents of the minor would have to sue for their removal.

In the minors best interest is subjective and a pointless exercise.

Uriel.

Mr. Incognito wrote: »

Thats not what you asked.

Molly has pictures of her legal children on her facebook. The fact she thumped their dads head inside out doesnt change that fact. Your pseudo outrage and deep moral concern on behalf of strangers extends to coming here seeking some legal pitch fork. Thats not what the law is for.

Your above question is different. "Can" anyone post minors pictures without their consent. Yes

"May" they do so legally. The parents of the minor would have to sue for their removal.

In the minors best interest is subjective and a pointless exercise.

They're not her legal children though. Never have been

Fred Swanson

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Mr. Incognito

Thanks for that clarification. In theory then her legal guardians in limerick could contact facebook to have them removed.

Fred Swanson

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Chester Copperpot

Fred Swanson wrote: »

Absolutely. Now knowing how Facebook operates they could just ignore the request forcing them to get a court order.

I am unaware of their policy regarding convicted murderers from having a FB page.

I think she had already been order by the courts to remove them but she ignored it and they have been left in place.

Fred Swanson

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allthedoyles

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nuac

allthedoyles wrote: »

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Allthedoyles

I have deleted your picture of these children. I think it was unfair on those children. Please do not post such here again. If you dispute my decision, PM me. Do not discuss it on this forum

Mod