奧地利女孩狀告父母網曬私人囧照
An 18-year-old girl from Austria is taking her parents to court for posting over 500 photos of her on Facebook since 2009, without her permission.
因從2009年開始爸媽未經允許將自己的500多張照片放到了Facebook上，一位來自奧地利的18歲女孩將父母告上法庭。
The unnamed girl from Austria’s Carinthia state has apparently become fed up with her parents refusal to take down intimate and embarrassing photos of her dating back to when she was a toddler, and is now seeking justice in court. She told Ganze Woche magazine that even though she was 11 years old when her parents started sharing photos of her with several hundreds of Facebook friends, they went as far as to post pics of her as a toddler, without ever asking if it was alright with her. “They knew no shame and no limit – and didn’t care whether it was a picture of me sitting on the toilet or lying naked in my cot – every stage was photographed and then made public,” the young plaintiff said.
這位不具名的女孩來自奧地利卡林西亞州。顯然，她已經受夠了父母拒絕把她蹣跚學步時的私密囧照從網上刪除的態度，現在正在訴諸法庭。該女孩告訴《Ganze Woche》雜誌說，雖然父母最早在Facebook上向幾百個好友分享她的照片時自己才11歲，但他們甚至把自己的嬰兒照也放了上去，還從未過問她的感受。“他們沒有羞恥和底限，也不管照片中我在上廁所還是光着身子躺在小牀上，我多大的照片都有而且被公開了，”這位年輕的原告說道。
Referred to as Anna Meier (name changed by magazine editors under Austrian privacy laws), the girl added that she was only able to see the photos posted on Facebook by her parents when she was 14, after setting up her own account on the world’s most popular social network. Angry and upset, Anna asked her mother and father to remove the over 500 photos of her immediately, but they refused. She kept asking them over the years, but faced with constant refusal, she felt that she had no other way to coerce them than taking them to court. Which she did as soon as she turned 18, this year. “I’m tired of not being taken seriously by my parents,” she said.
安娜•邁耶（雜誌編輯根據奧地利隱私法爲其化名）還補充說，她14歲註冊了這家世界上最有人氣的社交網站後，才終於可以看到父母放到網站上的照片。她很生氣，對此很不開心，要求父母馬上刪除她的500多張照片，但被拒絕了。幾年來她一直在要求父母刪照片，但一直未能如願，她覺得除了告上法庭再沒有其他辦法。今年她剛滿18歲，就採取行動了。“我厭倦了自己的意見被爸媽當作耳旁風，”她說。
Anna’s lawyer, Michael Rami, claims they have a good chance of winning the case in court, if it can be proven that the images have violated her rights to a personal life. A judge will hear arguments in November, in what is the first case of its kind in Austria. But, based on similar cases and according to Austrian privacy laws, if the parents lose, they may be forced to pay their daughter a sizable compensation as well as an administrative fine of 3,000 – 10,000 euros.
安娜的律師邁克爾•拉米表示，如果能夠證明這些照片侵犯了她的私人生活，那麼勝訴機率很大。法官將會在11月聽取奧地利史上第一例此類案件的辯論。但是根據類似案件和奧地利的隱私法，如果這對父母敗訴，他們將被迫付給女兒一大筆補償金，並要承擔三千到一萬歐元的行政處罰金。
Although Anna is convinced that her right to privacy has been violated, her parents, on the other hand, see nothing wrong with posting baby photos of her. “I consider it my right to be able to publish these photos,” her father said. “After all, this is our child and the photos are part of our lovely family album which has been well received by our Facebook friends. We have posted no more photos of our daughter since she stopped allowing us to photograph her. We also have baby photos of her that can only be seen by a limited group of 700 Facebook friends.”
儘管安娜確信自己的隱私權被侵犯，但另一方面，她父母認爲把她的嬰兒照放到網上並沒什麼。“我認爲公開這些照片是我的權力，”她父親說道。“畢竟她是我們的孩子，這些照片是我們可愛的家庭相冊的一部分，我們Facebook上的朋友也都非常喜歡。自從她不允許我們給她拍照後，我們就再沒有在網上貼照片了。我們放到網上的嬰兒照也僅限於700個Facebook好友能看到。”
Ganze Woche reports that the 18-year-old has moved out of her parents’ home and is living with some girl friends in a rented apartment.
據《Ganze Woche》雜誌報道，這位18歲女孩已經從父母那裏搬出去了，現在和幾個女伴一起住在出租的公寓裏。
In a recent press release, German media law firm Wilde Beuger Solmecke advises parents not to post photos of children on Facebook without their consent. Apart from legal consequences and subsequent compensation, they also risk making their children – especially those of school age – targets for cyber-bullying.
德國媒體法律事務所Wilde Beuger Solmecke在最近的新聞稿中，建議家長不要不經孩子同意在Facebook上放他們的照片。除了會承擔法律後果和隨之而來的經濟補償，這一做法也使孩子們——尤其是處在上學年齡的孩子面臨遭受網絡暴力的風險。
