Last Updated on by SCARS Editorial Team
SCARSSCARS SCARS - Society of Citizens Against Relationship Scams Inc. A government registered crime victims' assistance & crime prevention nonprofit organization based in Miami, Florida, U.S.A. SCARS supports the victims of scams worldwide and through its partners in more than 60 countries around the world. Incorporated in 2015, its team has 30 years of continuous experience educating and supporting scam victims. Visit www.AgainstScams.org to learn more about SCARS.™ Insight: Displaying Stolen Photos Of Children
Scammers Constantly Use Stolen Photos Of Adults To ScamScam A Scam is a confidence trick - a crime - is an attempt to defraud a person or group after first gaining their trust through deception. Scams or confidence tricks exploit victims using their credulity, naïveté, compassion, vanity, irresponsibility, or greed and exploiting that. Researchers have defined confidence tricks as "a distinctive species of fraudulent conduct ... intending to further voluntary exchanges that are not mutually beneficial", as they "benefit con operators ('con men' - criminals) at the expense of their victims (the 'marks')". A scam is a crime even if no money was lost. People, But They Also Use The Children Of The People In The Stolen Photos.
IS IT ILLEGAL? YES, IT IS.
However, there are different elements to this discussion, including if it is ethical for anti-scam groups to post those photos!
Consider if you are the parent of one of these children? How would you feel about your child being used by scammers to defraud people?
Now how would you feel about some vengeful scam hater that spreads those photos everywhere across the internet?
What do you think those parents feel about seeing their child’s photos wantonly displayed without any regard for the pain the parents feel or for the bullying that can occur against the child when those photos are found by school mates?
Most of the time, the amateur anti-scam hate groups don’t even indicate that the photos were stolen and are not a real criminalCriminal A criminal is any person who through a decision or act engages in a crime. This can be complicated, as many people break laws unknowingly, however, in our context, it is a person who makes a decision to engage in unlawful acts or to place themselves with others who do this. A criminal always has the ability to decide not to break the law, or if they initially engage in crime to stop doing it, but instead continues.!
Child Photography In The United States
According to Lawyers.com:
Basically, with a few exceptions, it is actually perfectly legal for strangers to photograph or videotape your child, and they are free to post or publish the images as well.
Contrary to what many parents believe, they do not need to give their consent or sign a release. However, some states have passed more restrictive legislation to change this permissiveness, and school districts do take steps to protect their children.
The idea that a complete stranger can photograph your child without the parent’s consent and publish that image seems sketchy, at best. But the Legal Principle that allows publishing and circulation of photographs and video images of children is based in the U.S. First Amendment to the United States Constitution. The First Amendment protects both the freedom of expression and freedom of the press and prevents the federal government from passing sweeping laws that restrict these freedoms.
So, as long as a photographer uses the images for editorial purposes, and IF HE OR SHE TOOK THEM while your child was in a public setting, the photographs are generally within the law even if you do not give your consent. An example would be a newspaper article about the condition of playgrounds in public parks; a journalist could publish a photo that includes your child playing in the public park without your consent.
Of course, there are certain exceptions. For example, if the photo or video is used for sexual or predatory purposes, this could violate child pornography laws.
State laws on this issue are shifting with the rise of social media. At least two states have considered legislation to make it illegal to photograph children without parental permission. Georgia passed a bill in 2010 that makes it illegal for anyone but a parent to photograph or videotape a child, but the law may be revised to specifically address registered sex offenders. New Jersey began working on a similar law in 2011, but the efforts seem to have stalled. State laws, though, must yield to the First Amendment; in other words, they are limited in the extent to which they can limit people from free expression, and they must be narrowly tailored.
Child Photography Law In The United Kingdom
In a familiar scenario to all parents, you are at your child’s Saturday morning soccer game when you see the other team’s parents taking photos of your children and filming. You haven’t given permission for them to take photos or film your children, can they do this without your permission?
Yes – It Is Perfectly Legal!
It is not illegal for people to take photos of your children in public places without your permission in the United Kingdom (and this is similar in most countries.)
There is no right to privacy that forbids people from taking a person’s photograph whilst on public property. In fact, you can take photos of someone in their house or backyard, so long as you do not trespass onto their private property. If someone on the street is taking a photograph, as long as they are not physically trespassing, there is no law that prevents that.
Similarly, if you are on private property it is illegal to take pictures or film without permission. On private property owners have the right to impose restrictions on any photography. Taking photos or filming on private property without permission is illegal. Many sporting venues are private property, even if they are owned by the local council or other government organizations. These places can make rules that ban people from photographing or recording any part of the space or the people within it. Purchased tickets sometimes have special waivers as a condition of entry.
Whilst there are some law