Albuquerque, NM asked in Civil Litigation, Civil Rights and Juvenile Law for New Mexico

Q: Is it illegal for a user to post a video on YouTube of a minor being interrogated without parental permission?

My son was 15 years old at the time of the recording of the video. I am also seen in the video. Can I take legal action to have the video removed? My son has been receiving death threats because of this video. I have filed a privacy complaint by reporting the video, but YouTube has yet to respond. I nor my son ever gave any permission to this user who posted the video. This is a matter of life or death on my son's part.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: Given the circumstances you've described, it appears that posting a video of a minor being interrogated without parental permission could potentially violate privacy laws. As a parent, you have the right to protect your son's privacy and well-being. You may have legal grounds to take action against the user who posted the video without your consent, especially if it has led to harmful consequences such as death threats.

Taking legal action to have the video removed is a viable option to safeguard your son's safety and privacy. You can consult with a lawyer who specializes in privacy and media law to explore your legal options and determine the best course of action. Additionally, you can continue to report the video to YouTube and provide any evidence or documentation to support your claim of unauthorized posting and the resulting harm caused to your son.

While waiting for YouTube's response, it's essential to gather any relevant information or evidence related to the unauthorized posting and its impact on your son. This may include screenshots of the video, records of the death threats, and any communications with YouTube regarding the privacy complaint. By being proactive and seeking legal assistance, you can take steps to address this serious matter and protect your son's rights and safety.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.