Legal Remedies for Unauthorized Use of a Minor's Image on Social Media

What legal action can a parent take if someone uses their child's picture on social media without consent?

In the Philippines, the unauthorized use of a minor's image on social media platforms such as Facebook can have legal consequences. Parents or guardians have the right to take legal action to protect the privacy and rights of their children. The following legal provisions may apply:

1. Right to Privacy
   Under the Philippine Constitution, every individual has the right to privacy, which includes the right to control the dissemination and use of their image. For minors, this right is even more protected, as they are considered a vulnerable group. The unauthorized use of a minor's photograph without the consent of the parents or guardians can be deemed a violation of this right.

2. Anti-Child Pornography Act of 2009 (Republic Act No. 9775)
   If the image in question is used in a manner that exploits the child or portrays the child in an indecent or obscene manner, the act may be covered under the Anti-Child Pornography Act. This law provides severe penalties for individuals who produce, distribute, or publish any form of child pornography, which includes images of children shared on social media platforms.

3. Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (Republic Act No. 7610)
   This law protects children from all forms of abuse, exploitation, and discrimination. If the unauthorized use of the child's image is done in a manner that is exploitative or abusive, the person responsible could face charges under this law. This includes instances where the child's image is used for commercial purposes without the consent of the parents or guardians.

4. Cybercrime Prevention Act of 2012 (Republic Act No. 10175)
   The Cybercrime Prevention Act penalizes unlawful or prohibited acts committed through the use of information and communication technologies. The unauthorized use of a minor's image on social media could fall under offenses such as identity theft, cyber libel, or other forms of cyber-related abuses.

5. Civil Code of the Philippines (Articles 26 and 32)
   Article 26 of the Civil Code provides that every person shall respect the dignity, personality, privacy, and peace of mind of others. The wrongful dissemination of a minor’s image can give rise to a civil action for damages. Additionally, Article 32 states that any person who violates the rights and liberties of another, including the right to privacy, can be held liable for damages.

6. Filing a Complaint and Seeking Remedies
   Parents or guardians can file a complaint with the appropriate government agencies such as the National Bureau of Investigation (NBI) or the Philippine National Police (PNP) for investigation. They can also directly file a civil case for damages or seek a restraining order to prevent further unauthorized use of the child's image.

   Additionally, parents or guardians may request the immediate removal of the image from the social media platform by reporting the violation to the platform's administration, which is often required by their terms of service to take down unauthorized content.

In conclusion, the unauthorized use of a minor's image on social media platforms like Facebook can lead to both criminal and civil liabilities under various laws in the Philippines. Parents and guardians have several legal avenues to protect their child's rights and seek appropriate remedies.