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
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  • 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.

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