Legal Question in Technology Law in North Carolina
Putting pictures of children on Internet
I work as the Web Administrator at a Country Club. I have been asked to post pictures to the web site, the majority of which have children in them. I have been told by several different people in the past that it is illegal to post pictures of children on the Internet without an Internet Permission Slip, signed by the parents/guardian. I can't seem to find an answer one way or the other and don't want to take a chance of a parent prosecuting me. My General Manager says not to worry and just post the pictures anyway because it is a hassle to get forms signed. I do not want to take this risk unless I know I have myself covered. Could you please let me know if this is a law and where I might find information on this to show to my General Manager? I am worried that if I don't do as he asks I could lose my job, and I am worried that if I do I can be prosecuted by a parent/guardian. Please help!
1 Answer from Attorneys
Re: Putting pictures of children on Internet
Actually, it's not just children you have to worry about, it's anyone. And, yes, you are absolutely right to take precautions. However, your best bet is to lodge your reservation in writing somewhere and then let the company take the hit.
There are two issues: one, the use of pictures of children may violate the Children Online Privacy Protection Act of 1998 (which went into effect in 2000). I think the FTC is still working on it, but you should check. Then, you have the issue which is common to anyone's picture, which is that you need to have a model's release otherwise you're violating the person's right to privacy.
Getting releases is just good business, and the hassle that can be caused if only one person raises a fuss, isn't worth the minor hassle of getting a release.
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