Non consented use of image - what rights do I have - please help!

[JDi]

Hi everyone,


I am posting this today, as I have a question regarding the use of image on a Facebook post, which I am concerned if seen too widely, could bring my future employment ambitions in to disrepute.
I will give you the context:

Last Sunday, I was helping a friend, who is much older than me (late 50s), with her leafleting. She is standing as a candidate for the County Council elections next month for a major political party.

I am very young, so am still quite undecided on my specific career path (party political or civil service), but I have decided that it will be of the political nature, although, for personal reasons (I have Aspergers), I cannot really envisage a front line political career, as I am simply not as articulate enough (and some would say devious enough!) to be an MP. I therefore have of recently veered my ambitions towards the Civil Service, which were confirmed last week, after I had a wonderful and inspiring time time completing the Civil Service’s spring internship for first year university students. One of the key things that I took away from this internship, which has raised my concerns about this photo, is the legal requirement for complete impartiality (I already knew about this in practice, but the internship really did underline the significance of this).

My friend took this photo last Sunday. I was standing next to her, and we were both holding leaflets. I was happy for her to share this with her Facebook friends, with the caption ‘out and about with Joe’. Nothing political is insinuated from this, as no one can make out what is written on the leaflets from afar. However, lsat week, whilst I was away for my internship, she proceeded, without my consent or knowledge, to share this image on her campaigning page, which states the name of her political party. She also included the caption: ‘Out in ***** ***** on the campaign trail. Don’t forget to vote ******** on the 4th May’ (I have omitted the name of the seat, and the political party).

Naturally, I was quite concerned and frustrated that she had shared this on this politically charged page without my knowledge or consent.
I have politely asked that she removes the photo, not from her main profile page, just from her campaigning page, but is not doing so. She responds ‘we’ll see’, citing concerns that taking the picture down may harm her campaign. I am very concerned that this picture remains on her page for the potential career implications, most notably though, as the picture clearly shows me with her, but I never consented for her to share it on her political page (or was informed that she intended to do so).

Please could you advise me of my rights in requesting that this photo is removed? I really don’t want to invoke formal action if at all it can be avoided – she is a friend, after all (although perhaps not for much longer if this is not removed). I suppose my formal options include reporting to Facebook, raising the issue with her local political party association, or, as a last resort if she continues to refuse, reporting the issue to the Police. Can any of these help me? There is a clear power imbalance here in her favour. I am so much younger than her, so clearly lack the experience and financial position she has built over her life. My Aspergers makes it very difficult for me to stand up to her properly. She clearly has no regards for my wishes, or the clear worry and stress that the photo remaining on her political page is causing me, and has given me a passive answer, which holds no promises of removal. For the worry this is causing me, I cannot accept that, and must insist that the photo is taken down. Please can you advise me on my rights, and the best way to achieve this?
Many thanks for any responses,

With best wishes,

JDi

 

[AlterEgo]

There is no requirement to be absolutely politically neutral as a junior civil servant. You can even stand for some local elections under a party banner until a certain grade; I forget exactly which grade, but it is middle management.

Nothing whatsoever to concern a recent intern about, so relax.

I would suggest the best solution to the problem is to leave it as there is not really any potential detriment to you.

 

[yorkie]

Was the photo taken in a public place?

I can't see any grounds for involving the police; on what basis could there be?

I also don't see how the image can harm you, based on what you say.

 

[JDi]

There is no requirement to be absolutely politically neutral as a junior civil servant. You can even stand for some local elections under a party banner until a certain grade; I forget exactly which grade, but it is middle management.

Nothing whatsoever to concern a recent intern about, so relax.

I would suggest the best solution to the problem is to leave it as there is not really any potential detriment to you.

I would be entering at Grade 7, which is quite high up, so impartiality was stressed as essential. I was also shadowing a Clerk in the House of Commons, which I really enjoyed, but again, absolute impartiality is vital.

Also, it calls the integrity of this 'friendship' in to question, when she posts an image of me on a page without my consent, yet dismisses my clear concerns, and the worry this is causing me, and responds 'we'll see'!

 

[JDi]

Was the photo taken in a public place?

I can't see any grounds for involving the police; on what basis could there be?

I also don't see how the image can harm you, based on what you say.

It was taken in a Public House after we had delivered the leaflets!

I am a worrier, and I just worry a lot about this, as on my internship, the need for absolute impartiality was stressed so many times.

I spent all of last Sunday afternoon helping her, but then she responds by completely dismissing my concerns.

Was thinking that it may have been illegal, considering the nature of this campaign page (very overtly politically charged) to post someone's image there without their knowledge or consent - particularly as the photo being on this page makes things look out of context to reality.

 

[AlterEgo]

It was taken in a Public House after we had delivered the leaflets!

I am a worrier, and I just worry a lot about this, as on my internship, the need for absolute impartiality was stressed so many times.

I spent all of last Sunday afternoon helping her, but then she responds by completely dismissing my concerns.

Was thinking that it may have been illegal, considering the nature of this campaign page (very overtly politically charged) to post someone's image there without their knowledge or consent - particularly as the photo being on this page makes things look out of context to reality.

But you aren't a Grade 7 yet.

Was anything specifically about political restrictions on campaigning said during your internship? It would surprise me if so.

If you thought this activity could compromise you, why did you do it? Why do you think it is a police matter? You need to relax and take in some objectivity first; involving the police is a non-starter and a little hysterical. I would expect prospective fast streamers who have a graduation up to Grade 7 on completion of the stream to have a little more objectivity and pragmatism - just a thought.

Try and relax!

 

[telstarbox]

There's no such thing as impartiality.

 

[JDi]

But you aren't a Grade 7 yet.

Was anything specifically about political restrictions on campaigning said during your internship? It would surprise me if so.

If you thought this activity could compromise you, why did you do it? Why do you think it is a police matter? You need to relax and take in some objectivity first; involving the police is a non-starter and a little hysterical. I would expect prospective fast streamers who have a graduation up to Grade 7 on completion of the stream to have a little more objectivity and pragmatism - just a thought.

Try and relax!

Helping a friend deliver leaflets is one thing. Being posted on a page (without my knowledge or consent) with a caption that implies that I am a member of her political party is quite another.

 

[yorkie]

Helping a friend deliver leaflets is one thing. Being posted on a page (without my knowledge or consent) with a caption that implies that I am a member of her political party is quite another.

I do not see how the text you quote is in any way illegal.

However you do have the right not to go leafleting in future. Other than withdrawing from future events, I see nothing you can do about it.

The photo was taken in a public place and you were happy for it to be taken, and the caption appears to be accurate, so I don't see how you can think any law may have been broken.

 

[AlterEgo]

Helping a friend deliver leaflets is one thing. Being posted on a page (without my knowledge or consent) with a caption that implies that I am a member of her political party is quite another.

If your role requires you to be politically restricted (and I'm not sure at this stage that Fast streamers are), then the first is worse than the second. If you're restricted then you will be unable to be a member of a political party and most definitely not allowed to assist with canvassing.

It's like saying "I did the wrong thing but the worst thing was being found out".

Try to relax, and find out exactly where you stand with political restriction first.

 

[JDi]

If your role requires you to be politically restricted (and I'm not sure at this stage that Fast streamers are), then the first is worse than the second. If you're restricted then you will be unable to be a member of a political party and most definitely not allowed to assist with canvassing.

It's like saying "I did the wrong thing but the worst thing was being found out".

Try to relax, and find out exactly where you stand with political restriction first.

Do you think that I will be okay, considering that I won't be applying of two years? If this photo surfaces, will the fact that significant time has passed work in my favour?

 

[AlterEgo]

Do you think that I will be okay, considering that I won't be applying of two years? If this photo surfaces, will the fact that significant time has passed work in my favour?

So, to clarify, are you on the Fast Stream? Are you a civil servant?

Did you undertake that political activity while either on Fast Stream or an intern?

 

[JDi]

I do not see how the text you quote is in any way illegal.

However you do have the right not to go leafleting in future. Other than withdrawing from future events, I see nothing you can do about it.

The photo was taken in a public place and you were happy for it to be taken, and the caption appears to be accurate, so I don't see how you can think any law may have been broken.

I was happy for it to be taken, and shared in a certain context. However, it was subsequently shared by my friend on a page, and with a caption, that substantially amends the context and meaning of the photo. You are correct in saying that one would need to see the photo to understand, and how exactly reposing it with that caption has completely changed the meaning of it.

 

[JDi]

So, to clarify, are you on the Fast Stream? Are you a civil servant?

Did you undertake that political activity while either on Fast Stream or an intern?

No - I am just a young first year university student who has just taken an internship with the Civil Service - my dream career. I am petrified that this photo will harm my prospects for admission and interview.

 

[AlterEgo]

No - I am just a young first year university student who has just taken an internship with the Civil Service - my dream career. I am petrified that this photo will harm my prospects for admission and interview.

You have nothing to worry about. Literally nothing. They do not expect people to have been politically neutral from birth.

I'd make myself a cup of tea and forget about it, even if it is annoying.

 

[MetroDriver]

Have you reported the image shown on the campaign page?
You could then give a valid reason for it's removal and see what facebook will do about it in the first instance...

 

[yorkie]

No - I am just a young first year university student who has just taken an internship with the Civil Service - my dream career. I am petrified that this photo will harm my prospects for admission and interview.

I think you have nothing to worry about, and if AlterEgo (who, through his work, will know about this sort of thing!) says you have nothing to worry about, then you really don't!

So, relax.

 

[Peter Mugridge]

I would agree with everyone saying there is nothing to worry about.

One other thing to consider: making a fuss about having it removed could well draw a lot more attention onto you than there otherwise would be.

 

[northwichcat]

There was an Independent candidate standing for election in Cheshire East who is a business owner and one of the photos she used in her campaign leaflet was at an event that George Osborne was at and George Osborne could be seen in the photo. Tatton Conservatives were claiming they had got legal advice and would be getting her name removed from the ballot paper. In the end Osborne himself told the local Conservatives to drop the issue as it was a big fuss about nothing.

 

[JDi]

Hi everyone,

You may remember that I posted about this when it happened in April - I have attached a link to the thread (now closed). I am grateful for all of your responses, but the circumstances have changed a bit since then.

On Wednesday, the Lady who used my image on her political pages made quite a senseless post, giving her party credit for a very emotive local issue (which campaigners had agreed prior to this to keep neutral).

I have cut links with this lady after what happened, and have I liked he page myself, but I just feel so uneasy with my picture still being on there, given the level of local disgust that this post has caused. I genuinely am concerned for my safety if this image gets out around my home town and people erroneously conclude that I stand for what she said.

Effectively I was used by her. I have Aspergers, so am vulnerable to manipulation like this. I have few friends who I talk to in person in real life, so when this lady spoke to me every day (before her election) about politics (a subject that I felt deeply incensed in, I felt so happy. I agreed to help her with her leafleting, as I really enjoyed the conversations we had.

Low and behold, since her election, despite all the help I gave her, I have not heard from her and she ignored my messages. (There is a big age difference - I'm pretty much just out of school whilst she is nearly 60 - she has so much more life experience than me).

I have worked so hard, both at school and in my first year of uni to achieve my dream of becoming a civil servant. I just feel so worried that if this picture gets out and people make incorrect judgements on me, not only will a lot of people hate/be angry at me but I will have no chance of getting into the Civil Service either (I happened to be wearing a tie in the photo of a similar colour to her party).

I have Aspergers and seriously can't stop worrying about this.

Please could anyone on here advise me on anything that I can do? I am considering contacting her local party constituency office and the local MP (of the same party) as many infuriated local residents have.

I just feel that I have been so unfairly taken advantage of by this. I set out to help someone who I knew and thought was a friend. Not only did they turn out out not to be a friend at all, my kindness is now causing me so much worry.




Link to original thread:

http://www.railforums.co.uk/showthread.php?t=145046&page=2

 

[JDi]

EDIT: I have now UNLIKED her page.

 

[yorkie]

I don't see how the image can harm you.

Other than withdrawing from future events, I see nothing you can do about it.

The photo was taken in a public place and you were happy for it to be taken, so no laws were broken, I think you need to move on to be honest.

 

[AlterEgo]

I don't see how the image can harm you.

Other than withdrawing from future events, I see nothing you can do about it.

The photo was taken in a public place and you were happy for it to be taken, so no laws were broken, I think you need to move on to be honest.

This.

Worse things happen at sea. It is not likely to ruin your career and it is not a big deal. Nonetheless, hopefully you have learned an important lesson about trust and first appearances! We all have to learn this lesson at some point, so better sooner than later.

 

[JDi]

Hi @Yorkie and @AlterEgo,

Thank you both very much for getting back to me.

Since I posted last night, the post has attracted so much negative attention that the lady has now entirely deleted her page and that photo of me!

I feel that in a sense, natural justice has prevailed. I feel for the lady I helped - she really has taken some stick over what she wrote, but I feel that it was this attitude, both in her post and how she treated me that caused this for her - nothing else.

I will definitely take note and learn from this in the future - both to know when someone is trying to take advantage and not to worry about things that often turn out to be trivial!

 

[TheNewNo2]

I don't believe you have any rights here. From a copyright perspective, it rests with the photographer (unless an explicit written statement of copyright transfer is made). From a moral perspective your friend is being a bad friend and you should possibly consider losing them. However, you are not being impartial here. By posting the photo your friend is implying you support their campaign - which is true! You chose, of your own free will, to go out and campaign for your friend and their political party. You chose a side in this election, and you went publicly out of your way to support that side.

All that being said, I seriously doubt this would have any particular effect on your employment prospects. The point of impartiality is not to not have an opinion - that's impossible - but to ensure that your opinion does not affect your job, and is not believed to be affecting your job. To give an example, if you were compliling the top 40 music charts, and you hate Taylor Swift, that's not a problem so long as you don't try and tilt the charts against her. If you were to mention "I'm not a fan of Taylor Swift", that would probably be fine too - people accept that everyone has their own preferences. It's only when you get seriously into something that it's problematic, and helping out a friend one day isn't really doing so.

 

[Bromley boy]

I'm always surprised by these threads where people believe they have any degree of control over photos/film taken of them in public places.

Some observational questions about modern life in the UK should provide the common sense answer:

1. If a camera takes a panoramic photo of a large crowd at an event is each person in the crowd asked for their consent?

2. If a criminal commits an offence and is caught on CCTV do they have to consent to their image being used by the prosecution?

3. If a news crew happens to be recording a busy street as a backdrop to an interview does each passerby need to be asked for their consent?

4. Do the suspects shown being arrested on fly-on-the-wall police documentaries give their consent to the footage being used?

 

[Qwerty133]

Hi @Yorkie and @AlterEgo,

Thank you both very much for getting back to me.

Since I posted last night, the post has attracted so much negative attention that the lady has now entirely deleted her page and that photo of me!

I feel that in a sense, natural justice has prevailed. I feel for the lady I helped - she really has taken some stick over what she wrote, but I feel that it was this attitude, both in her post and how she treated me that caused this for her - nothing else.

I will definitely take note and learn from this in the future - both to know when someone is trying to take advantage and not to worry about things that often turn out to be trivial!

Please get over the fact that she used a photo of you campaigning for her as part of her campaign materials. You chose to go leafletting which is widely accepted to be part of a politicians campaign so you need to accept the consequences of that. To be honest your lack of flexibility, and tendency to completely over exaggerate the smallest of things will be much bigger barriers to ever working for the civil service than a picture of you leafletting.

 

[JDi]

Please get over the fact that she used a photo of you campaigning for her as part of her campaign materials. You chose to go leafletting which is widely accepted to be part of a politicians campaign so you need to accept the consequences of that. To be honest your lack of flexibility, and tendency to completely over exaggerate the smallest of things will be much bigger barriers to ever working for the civil service than a picture of you leafletting.

This person was so mean. They pretended that they were my friend and were interested in what I had to say so that I would help them. After they were elected they showed me their true colours - all of their gestures of 'friendship' were fake and sought to manipulate me into helping them. Some can be very mean and manipulative at times - I have learnt this now.

 

[cjmillsnun]

I hate to say it but never trust politicians. You will be let down by them. It is a lesson to take into the civil service as well.