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Father sues Facebook over images of his 12 year old daughter

Written by James Delahunty (Google+) @ 10 Sep 2011 17:52 User comments (28)

Father sues Facebook over images of his 12 year old daughter Northern Ireland man says Facebook put his daughter at risk.
The 12 year old girl posted what are being described as "sexually suggestive" photos of herself on the social networking site. It is this material, and the fact that she also revealed where she lived and attended school, that he claims has put her in danger from sex abusers.

At the core of the case is Facebook's own age limitation that bars under-13s from using the service. "It relies on children stating their correct age and it doesn't have any checks in place," his solicitor, Hilary Carmichael, said.

"My own personal view is that Facebook isn't suitable for under-18s, but the company isn't even able to uphold its own policy of keeping under-13s out. An age check, like asking for a passport number would be a simple measure for Facebook to implement."

The writ, lodged in Belfast High Court earlier this week, deems Facebook is guilty of negligence, and as such, has created a risk of sexual and physical harm to the child. Also, since the girl was in the voluntary care of the Northern Health and Social Care Trust when the images were posted, the trust was named as a defendant.

The girl had posted the material herself, and when her father found and shut down an original account, she simply created a new one and continued.

Tags: Facebook
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28 user comments

110.9.2011 19:24

this dude stupid should of did parental control. My cousin tried to get facebook just to play game and the email she sign up with stated that she has to have permission from her parents to confirmed it's okay for her to sign up so they also email her parents to see if it's okay. It's not facebook fault it's his. What can Facebook do if his kid keep making account using fake date of birth. Well FB can banned the ip address if he doesn't want no one to login onto that site or he just block fb all togehter.. he needs to talk to his daughter before suing people. Asking for passaport my foot, no everyone travels and no why in hell am i going to show them my personal info like my driver's licenses or school id. Even if she create new email, it's his job to see what his own child doing online. I will never understand why parents allow their child to go online without seeing what they are doing online by themselves. social network shouldn't be for 17 and under? this not a porn site sorry dude and not sure why judge agrees with this fool. People lies to sign up for this all the time so how can they stop his child from making new accounts all the time? FB should just banned the ip account unlike the child knows how to change the ip address as well.

This message has been edited since its posting. Latest edit was made on 10 Sep 2011 @ 19:32

210.9.2011 19:35

It's a tricky situation. My son and daughters have FB accounts and the only stipulation I gave them was that they had to keep us on their posts. Well recently they made it so that one could control who sees there posts right as they are posting. So now my kids can easily say I don't want mom and dad to see this particular post because It's lewd.
And even when they were setting up these accounts my wife nor I got a permission email from FB. I have xblive accounts for all of my kids and I have to put a password in every time my kids want to play a game that's out of their rating range.
But should FB be held responsible for this child going behind her parents back and creating another account. I don't think so. That will put all websites in danger including this one. I think that social sites should put more safeguards in for parents but ultimately Pops should Bust her ass and call it a day.

310.9.2011 20:18

If she wants to be a slut well you can't stop that when she's 18

410.9.2011 20:44

Originally posted by xtago:
If she wants to be a slut well you can't stop that when she's 18
/end
This message has been edited since its posting. Latest edit was made on 10 Sep 2011 @ 20:45

510.9.2011 21:30

well, facebook an't gonna look at everybody's profile you idiot protective P.O.S. why would we want fb to ask for our passport code? so more ppl can hack it and get our information? just because your daughter uses fb, doesn't mean she gonna be sexual abused. Yea, shes 12, but that doesn't mean you can't prevent her for doing it, if you want to prevent it u can put a security lock, or child proof it, dumbass, i swear.


Being nice always has its own consequences

610.9.2011 21:40

Thats right it is Facebook's fault that your daughter is a acting like a slut. Last time I checked it is the parents responsibility to keep their kids in check. I guess it is easier to sue rather than take responsibility for yourself and your children. There was a time when a bad kid like this would just get punished byt the parent(s). now you just sue.


"Have you tried turning it off and on again?" ~ Roy Trenneman

http://www.facebook.com/BlueLightningTechnicalServices

710.9.2011 21:55

People, in fairness, don't refer to a 12 year old as a slut. None of us have even seen the pictures they are talking about, and we don't know whether it was just a joke or anything else, all we know is the details about the litigation that are publicly available so if you wan't to rant about the parents, or Facebook, or whatever, that's cool. but lay off the kid, she's probably embarrassed enough as it is now.

810.9.2011 22:26

Originally posted by xaznboitx:
this dude stupid should of did parental control. My cousin tried to get facebook just to play game and the email she sign up with stated that she has to have permission from her parents to confirmed it's okay for her to sign up so they also email her parents to see if it's okay. It's not facebook fault it's his. What can Facebook do if his kid keep making account using fake date of birth. Well FB can banned the ip address if he doesn't want no one to login onto that site or he just block fb all togehter.. he needs to talk to his daughter before suing people. Even if she create new email, it's his job to see what his own child doing online. I will never understand why parents allow their child to go online without seeing what they are doing online by themselves. social network shouldn't be for 17 and under? this not a porn site sorry dude and not sure why judge agrees with this fool. People lies to sign up for this all the time so how can they stop his child from making new accounts all the time? FB should just banned the ip account unlike the child knows how to change the ip address as well.
Read the story, he pretty much did do exactly what you said. He did try to talk to his daughter. He was obviously monitoring her enough to become aware of the pictures, and he took measures to try to prevent her from repeating the activity. Now I do agree, he could have taken more advanced measures, but not every knows exactly how to do these type of things. I do not live at home anymore, but my younger step sister does when she is not at college. If I told my Dad he needed to block her from getting on facebook, he wouldn't have a clue how to do it because he is not very tech savvy. He could go to Best Buy, for example, and ask them for a software to restrict her access. Would he be able to figure out how to set it up though? Maybe, maybe not. You mention blocking FBs IP. The father probably had no clue what an IP address is. Now I can't say I am fully on the fathers side, but perhaps he was trying the only thing he knew how.

OS: Kubuntu 12.10/Windows 8 -- CPU: Intel Core i7 2600K -- Motherboard: MSI P67A-G45 -- Memory: 2x4GB Corsair Dominator -- Graphics Card: Sapphire 4890 Vapor-X -- Monitor: Dell 2208WFP -- Mouse: Mionix NAOS 5000 -- PSU: Corsair 520HX -- Case: Thermaltake Mozart TX -- Cooling: Thermalright TRUE Black Ultra-120 eXtreme CPU Heatsink Rev C -- Hard Drives: 1x180 GB Intel 330 SSD/1xWD 1 TB Caviar Black/1xWD 2 TB Caviar Green/2xWD 3 TB Caviar Green

911.9.2011 1:10

Originally posted by Xplorer4:
Originally posted by xaznboitx:
this dude stupid should of did parental control. My cousin tried to get facebook just to play game and the email she sign up with stated that she has to have permission from her parents to confirmed it's okay for her to sign up so they also email her parents to see if it's okay. It's not facebook fault it's his. What can Facebook do if his kid keep making account using fake date of birth. Well FB can banned the ip address if he doesn't want no one to login onto that site or he just block fb all togehter.. he needs to talk to his daughter before suing people. Even if she create new email, it's his job to see what his own child doing online. I will never understand why parents allow their child to go online without seeing what they are doing online by themselves. social network shouldn't be for 17 and under? this not a porn site sorry dude and not sure why judge agrees with this fool. People lies to sign up for this all the time so how can they stop his child from making new accounts all the time? FB should just banned the ip account unlike the child knows how to change the ip address as well.
Read the story, he pretty much did do exactly what you said. He did try to talk to his daughter. He was obviously monitoring her enough to become aware of the pictures, and he took measures to try to prevent her from repeating the activity. Now I do agree, he could have taken more advanced measures, but not every knows exactly how to do these type of things. I do not live at home anymore, but my younger step sister does when she is not at college. If I told my Dad he needed to block her from getting on facebook, he wouldn't have a clue how to do it because he is not very tech savvy. He could go to Best Buy, for example, and ask them for a software to restrict her access. Would he be able to figure out how to set it up though? Maybe, maybe not. You mention blocking FBs IP. The father probably had no clue what an IP address is. Now I can't say I am fully on the fathers side, but perhaps he was trying the only thing he knew how.
You're right, and that's actually pretty scarey. A mother or father not being able to protect their kid over the internet because they don't know how. I would hate to be the judge here; don't know what I'd do.

1011.9.2011 1:47

Yes but I did also say that they should look at the computer screen at the same time she uses the computer or take the computer away 1st time she did it. If I have a child and they did that I would of taken the computer away for a long time.

I bet we would see this 12 yr old pregnant on the Maury show one day.

1111.9.2011 2:14

if the 12yo cant use a computer responsibly then dont let her use it.If she cant use a camera responsibly take that away aswell.


custom built gaming pc from early 2010,ps2 with 15 games all original,ps3 500gbs with 5 games all original,yamaha amp and 5.1channel surround sound speakers,46inch sony lcd smart tv.

1211.9.2011 2:15

Originally posted by Dela:
People, in fairness, don't refer to a 12 year old as a slut....

Hey if it walks like a duck and quacks like a duck right?

To me this is no different than people claiming guns kill people or parents in outrage because they let their 8 year old play rated M video games and then show signs of violence. The technology is there and it is the person that chose to abuse it right? People have to take responsibility for their own actions.

"Have you tried turning it off and on again?" ~ Roy Trenneman

http://www.facebook.com/BlueLightningTechnicalServices

1311.9.2011 3:32

How could anyone possibly blame a company for something their child is openly putting up? Facebook didn't force her to provide the information as to where she went to school, or even post said pictures. Where does personal responsibility end and where does everyone else's responsibility begin? I can't even get behind the "maybe he doesn't know how" argument because as vast and widespread as the internet is, if he wants to figure out a way to block his daughter from accessing Facebook at home, he could just do a simple Google search and within a few keystrokes he can find a way.

Quote:
but the company isn't even able to uphold its own policy of keeping under-13s out

Maybe you should talk to your daughter about lying how old she was to get onto a website she KNEW she shouldn't have been on before you go suing a company.

1411.9.2011 9:26

Originally posted by bobiroc:
Originally posted by Dela:
People, in fairness, don't refer to a 12 year old as a slut....

Hey if it walks like a duck and quacks like a duck right?

To me this is no different than people claiming guns kill people or parents in outrage because they let their 8 year old play rated M video games and then show signs of violence. The technology is there and it is the person that chose to abuse it right? People have to take responsibility for their own actions.
I agree 100% the fault does not belong to Facebook as they provide a service, but do not stipulate any action taken on it. You cannot stop people falsifying information. She could easily obtain a passport and set up a new account using it, post the same photos and any one looking would know that she wasnt over eighteen. The only real thing Facebook can do to stop this is stop providing the service, which is a stupid idea. Therefore the power to affect change in the daughters behaviour lies with the father and his willingness to take more severe measures with his child.

1511.9.2011 12:16

Originally posted by slackdast:
There are things he can do. He just doesn't want to try them.

Take computer away, only let his daughter use the computer while he is there. He can actually try punishing his daughter, by taking away allowance, not letting her go do stuff with friends, whatever.

She's 12, not an adult, and not even obviously smart, so trying to reason, or even trusting her to be good is out of the question. Punish her with something that might make her think next time.

Who says he didnt take her PC away? She could have just gone to a friends house, signed up another account, and uploaded the pictures all over again. Maybe she used a friends smart phone. He may have grounded her for a week or two thinking she learned her lesson, gave her PC back and she just did it all over again and punished her again.

The fact is, we really only know one aspect of this story. As I said, I do not completely agree that he should be suing FB, but to just go on a bashing spree of the father with out knowing a single fact other then he deleted her facebook, and decided to sue facebook when she made another is not fair to put it nicely. Do any of you know the family personally? Do you all know exactly what he did or did not do? Nope, your decision is based solely on a news bit with a main idea and one main detail. Yet you automatically assume he is a dead beat dad. Maybe he is,or maybe he's a single father working two jobs just to scrape by to support him and his daughter.

OS: Kubuntu 12.10/Windows 8 -- CPU: Intel Core i7 2600K -- Motherboard: MSI P67A-G45 -- Memory: 2x4GB Corsair Dominator -- Graphics Card: Sapphire 4890 Vapor-X -- Monitor: Dell 2208WFP -- Mouse: Mionix NAOS 5000 -- PSU: Corsair 520HX -- Case: Thermaltake Mozart TX -- Cooling: Thermalright TRUE Black Ultra-120 eXtreme CPU Heatsink Rev C -- Hard Drives: 1x180 GB Intel 330 SSD/1xWD 1 TB Caviar Black/1xWD 2 TB Caviar Green/2xWD 3 TB Caviar Green

1611.9.2011 15:41
liongirl
Unverified new user

Originally posted by xaznboitx:
this dude stupid should of did parental control. My cousin tried to get facebook just to play game and the email she sign up with stated that she has to have permission from her parents to confirmed it's okay for her to sign up so they also email her parents to see if it's okay. It's not facebook fault it's his. What can Facebook do if his kid keep making account using fake date of birth. Well FB can banned the ip address if he doesn't want no one to login onto that site or he just block fb all togehter.. he needs to talk to his daughter before suing people. Asking for passaport my foot, no everyone travels and no why in hell am i going to show them my personal info like my driver's licenses or school id. Even if she create new email, it's his job to see what his own child doing online. I will never understand why parents allow their child to go online without seeing what they are doing online by themselves. social network shouldn't be for 17 and under? this not a porn site sorry dude and not sure why judge agrees with this fool. People lies to sign up for this all the time so how can they stop his child from making new accounts all the time? FB should just banned the ip account unlike the child knows how to change the ip address as well.
i so agreed with you ...i have to daughters of my own and i am also a single parent i always check evrything my gurls do online and also have parent control on my pc and their lp aswell as mine own and my daughters are 13 and 15 years old so ..that is just to show what kind of parent he is .personaly because if u take time out with ur children and teach them the facts of lyfe the write way then she would of not hv been doing what she did tell to reach so far in other to post porn r sexual tings of her self on fb so sir u are so rite fb is nt 2 blame he fail him self as being a god parent and a good dad!

1711.9.2011 16:05
streja
Inactive

Originally posted by xaznboitx:
this dude stupid should of did parental control. My cousin tried to get facebook just to play game and the email she sign up with stated that she has to have permission from her parents to confirmed it's okay for her to sign up so they also email her parents to see if it's okay. It's not facebook fault it's his. What can Facebook do if his kid keep making account using fake date of birth. Well FB can banned the ip address if he doesn't want no one to login onto that site or he just block fb all togehter.. he needs to talk to his daughter before suing people. Asking for passaport my foot, no everyone travels and no why in hell am i going to show them my personal info like my driver's licenses or school id. Even if she create new email, it's his job to see what his own child doing online. I will never understand why parents allow their child to go online without seeing what they are doing online by themselves. social network shouldn't be for 17 and under? this not a porn site sorry dude and not sure why judge agrees with this fool. People lies to sign up for this all the time so how can they stop his child from making new accounts all the time? FB should just banned the ip account unlike the child knows how to change the ip address as well.
i so agreed with you ...i have to daughters of my own and i am also a single parent i always check evrything my gurls do online and also have parent control on my pc and their lp aswell as mine own and my daughters are 13 and 15 years old so ..that is just to show what kind of parent he is .personaly because if u take time out with ur children and teach them the facts of lyfe the write way then she would of not hv been doing what she did tell to reach so far in other to post porn r sexual tings of her self on fb so sir u are so rite fb is nt 2 blame he fail him self as being a god parent and a good dad!

1812.9.2011 1:59

facebook should sue the girl for using a false age on the facebook page and sign up page.


custom built gaming pc from early 2010,ps2 with 15 games all original,ps3 500gbs with 5 games all original,yamaha amp and 5.1channel surround sound speakers,46inch sony lcd smart tv.

1912.9.2011 2:59

Originally posted by xboxdvl2:
facebook should sue the girl for using a false age on the facebook page and sign up page.
I'd have to agree there.

Exactly how would facebook prevent underage people from signing up?

If they required a credit card then no one would want to join because they would think they were getting charged, and because everyone knows that facebook doesn't have security, so you might as well just give your card number to Chinese gangsters.

An IQ test? It would be impossible to tell the difference between a smart 9 year old and a dumb 18 year old.

Emailing parents doesn't work to well when the kid is the one entering the email addresses to check with...fake_DAD_email_ACCOUNT@yahoo.com

Even pictures don't help much...I am sure I could find an 11 year old and a 13 year old that look the same age, and do you ban a 40-year-old because the only picture he posted was from when he was 5 years old?

So...how do you actually check? Porno sites usually don't even ask for a date of birth anymore, and you want facebook to do even more than that?


2012.9.2011 14:39
lilluvsgg
Unverified new user

I think as a parent you need to supervise your kids. My son has one and I am constantly on it if I don't know his friends they just aren't his friends. I aprove photos. I aprove how much time he spends on it and he is on one computer and thats mine. So if this father can't keep control of his child then she shouldn't have a computer in the first place. He definately shouldn't blame fb they didn't ask her to join.

2113.9.2011 0:22

Originally posted by KillerBug:
Originally posted by xboxdvl2:
facebook should sue the girl for using a false age on the facebook page and sign up page.
I'd have to agree there.

Exactly how would facebook prevent underage people from signing up?

If they required a credit card then no one would want to join because they would think they were getting charged, and because everyone knows that facebook doesn't have security, so you might as well just give your card number to Chinese gangsters.

An IQ test? It would be impossible to tell the difference between a smart 9 year old and a dumb 18 year old.

Emailing parents doesn't work to well when the kid is the one entering the email addresses to check with...fake_DAD_email_ACCOUNT@yahoo.com

Even pictures don't help much...I am sure I could find an 11 year old and a 13 year old that look the same age, and do you ban a 40-year-old because the only picture he posted was from when he was 5 years old?

So...how do you actually check? Porno sites usually don't even ask for a date of birth anymore, and you want facebook to do even more than that?
i remeber a game with a quiz to play it.think it was leisure suit larry.i could pass the quiz when i was about 10 my brothers g/f was in her 20s and couldnt pass it.

custom built gaming pc from early 2010,ps2 with 15 games all original,ps3 500gbs with 5 games all original,yamaha amp and 5.1channel surround sound speakers,46inch sony lcd smart tv.

2213.9.2011 18:54

Originally posted by slackdast:
Doesn't matter if facebook makes it easy or not, it's the parents responsibilty to watch their own children.

Blaming, and even suing Facebook because his daughter doesn't do what he says only shows he fails as a father.

There are things he can do. He just doesn't want to try them.

Take computer away, only let his daughter use the computer while he is there. He can actually try punishing his daughter, by taking away allowance, not letting her go do stuff with friends, whatever.

She's 12, not an adult, and not even obviously smart, so trying to reason, or even trusting her to be good is out of the question. Punish her with something that might make her think next time.

Or better yet, sue facebook, try to collect money, and find out it fixed nothing at all.


Yes, she takes after her Dad at least in the smarts dept. Ditto on the rest. I couldn't have said it better. People that stupid can't parent. That is why the 12 yr old is doing things like this. I figure this is only the tip of the iceburg.

2317.9.2011 15:16

Many of you failed to see that this girl was NOT living at home when this happened..."Also, since the girl was in the voluntary care of the Northern Health and Social Care Trust when the images were posted, the trust was named as a defendant. "

The father probably did all he could do since he can't physically monitor her computer usage if she's a ward of the state, but I have to ask why she was in this position in the first place?

Anyway, allot of the comments are quite correct, it's not up to FB to monitor the 100's of millions of user accounts, as that's simply impossible. It's up to the Parents, and in this case, the Trust, to monitor their child's computer usage.

I guess I should also agree that this girl may be quite a handful, as she obviously has quite the sexual awareness for a 12 y/o (how many of us didn't tho...), I only hope she gains some self respect BEFORE she becomes a teen mother.

2417.9.2011 22:11

Originally posted by slackdast:
Doesn't matter if facebook makes it easy or not, it's the parents responsibilty to watch their own children.

Blaming, and even suing Facebook because his daughter doesn't do what he says only shows he fails as a father.

There are things he can do. He just doesn't want to try them.

Take computer away, only let his daughter use the computer while he is there. He can actually try punishing his daughter, by taking away allowance, not letting her go do stuff with friends, whatever.

She's 12, not an adult, and not even obviously smart, so trying to reason, or even trusting her to be good is out of the question. Punish her with something that might make her think next time.

Or better yet, sue facebook, try to collect money, and find out it fixed nothing at all.


PARENTS HAVE FORGOT HOW TO GIVE THEIR KIDS A GOOD CLAPPPING WHEN THEY STEP OUT OF LINE.

I'M 16 AND IT IS VERY IMPORTANT PEOPLE DO THIS. BEAT YOUR DAMN KIDS.

SmokeThis2006

2518.9.2011 12:28
Skullzy
Unverified new user

I agree with the fact that facebook does not hold up the police but what this all comes down to is the fact that it was his daughter who willingly and knowingly went against facebooks policey but despite that she also took the photographs of her self and uploaded the images to facebook.

The way I see it facebook should not be held responsible for other peoples action I agree that maybe they should increase their privacey a bit and enforce anyone under 16 to have a parent or gaurdian with a facebook account (to link to) along with restricting their profile to private only.

To be honest this guy is just looking away to make some money thats the only reason he is sueing facebook but what this all boils down to is that he should have more control over his daughter and what she goes onto god only knows what other social sites she is on and what photographs/videos she uploading.

I look after 7 neices and 7 nephews on a daily bases and I manage to keep up with everything they do I have evan put security procedures in place on all their computers so If I need to I can back log their actions I can evan view what they have been up to.

So this guy has no excuse for his daughter being able to do this and he needs to own up to his responsibility as a parent and point the finger at him self for letting his daughter take the photographs in the first place.

2618.9.2011 13:47

Originally posted by ChappyTTV:
Many of you failed to see that this girl was NOT living at home when this happened..."Also, since the girl was in the voluntary care of the Northern Health and Social Care Trust when the images were posted, the trust was named as a defendant. "

The father probably did all he could do since he can't physically monitor her computer usage if she's a ward of the state, but I have to ask why she was in this position in the first place? ...
Thank you for that. I was wondering if that was what they meant by that.

Facebook can only go so far. Even if they had a passport # how would they verify it and get a birth date? That would be even more problematic for users in the USA at least because the vast majority of people I know including myself do not have passports.

I guess the state may be a bit more liable as they let her get computer access but still...

With all the nasty corners of the internet to worry about my guess is he's going after facebook cause they actually have money and likely will pay him to go away in the end... A few "suggestive" pics? Notice they didn't even say nude...
This message has been edited since its posting. Latest edit was made on 18 Sep 2011 @ 13:49

Just my $0.02,

dEwMe

2718.9.2011 14:04

Originally posted by dEwMe:
Originally posted by ChappyTTV:
Many of you failed to see that this girl was NOT living at home when this happened..."Also, since the girl was in the voluntary care of the Northern Health and Social Care Trust when the images were posted, the trust was named as a defendant. "

The father probably did all he could do since he can't physically monitor her computer usage if she's a ward of the state, but I have to ask why she was in this position in the first place? ...
Thank you for that. I was wondering if that was what they meant by that.

Facebook can only go so far. Even if they had a passport # how would they verify it and get a birth date? That would be even more problematic for users in the USA at least because the vast majority of people I know including myself do not have passports.

I guess the state may be a bit more liable as they let her get computer access but still...

With all the nasty corners of the internet to worry about my guess is he's going after facebook cause they actually have money and likely will pay him to go away in the end... A few "suggestive" pics? Notice they didn't even say nude...
the father should sue whoever took care of the girl and not fb.. the judge on crack since he agrees with the father.

2818.9.2011 16:46

Hi dEwMe

Quote:
With all the nasty corners of the internet to worry about my guess is he's going after facebook cause they actually have money and likely will pay him to go away in the end... A few "suggestive" pics? Notice they didn't even say nude...
I read later on a news site that they were indeed nudes...but nothing about what type of posing she did. No matter tho, ANY sexually suggestive nude posing by a 12 y/o is just plain WRONG...on HER part. What is this kid thinking! I really have to wonder what her home life was like is she's already doing things like this, and is under state supervision.


Hi xaznboitx

I have to agree there friend, I think it's a failure of supervision by her caregivers. Like "dEwMe" above, I think the fathers' going after FB simply because they have oodles of money & would more likely settle with a pretty high $$$ amount, much more than the state would.

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