Legal Issues in Children's Right Protection from Being Photographed for Publishing in Online Media

Abstract

The objectives of this study were (1) to study the legal issues in the Children’s Privacy Rights Protection Act concerning children who have photographs taken by family members, parents, close relatives, or other people. And where their pictures are displayed on online media; (2) to study the legal issues in the Children’s Privacy Rights Protection Act concerning those who are photographed without permission and in case of young children who are still unable to provide consent. Child Protection Act, B.E. 2546 (2003), was studied for carrying out the two objectives. The results indicated that there are two loopholes in children’s privacy protection according to the Child Protection Act, B.E. 2546 (2003), Section 27. Firstly, the legal provision states, “Do not advertise or broadcast information about children to cause damages.” Even though parents or other people photograph children and publish online without harmful intent towards the children, it may harm the children in some way. For example, it could be the way for a malefactor or ill-intentioned person to easily trace the children leading to a criminal act where the children are the victims. Secondly, despite children’s photographs being posted on online media with/without consent or with/without ill-intention of causing harm to children, online media are not a private area; namely, it is a public place where anyone can comment; this could support cyber bullying. After studying the act, the researcher suggests that there should be a revision to the Child Protection Act, B.E. 2546, to cover both the incidences mentioned above and contingencies put in place to protect children’s privacy human rights to prevent encroachment by family members or other individuals.