Consent of photo taken of my two year old- not in public setting

UPDATED: Oct 1, 2022

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Consent of photo taken of my two year old- not in public setting

Can someone a distant relative post on social
media a picture of my son with a derogatory caption.
My son is two years old and I was informed and
provided the information from the relatives gaurdian.

Asked on March 11, 2018 under Personal Injury, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

How horrible for that to happen to an innocent child.  You have written this question under the "personal injury" heading and that would intimate a civil suit of some kind.  If the posting lives up the standards of a defamation suit of any kind then possibly, if there are damages.  But I think you should speak with a criminal attorney who specializes in cyber bullying and harrassment.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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