As our lives become more isolated and the amount of time we spend on social media is soaring, we start quickly to run out of original things to post. Thank God, though, that there are children in this world. No matter where you put them, they will always come up with something funny, creative and entertaining. In fact, the younger the child the better. More fun, less resentment.
Most parents’ mobile phones have thousands of images of their children stored. But what’s the point in keeping all those amazing images to yourself?
In most parents’ social media accounts, you are likely to find 10 times more images of their children than of themselves and this tells you something about the value of young children to parents who are bored of their heads.
Can parents be prosecuted for posting images of their children on social media?
Possibly yes. A couple of years ago, French parents were warned to stop posting images of their children online immediately. The French government raised concerns that such actions could infringe upon their children’s right to privacy, potentially exposing parents to legal action once their children become adults. These warnings emphasised that when these children grow up, they could sue their parents for breaching their privacy.
Additionally, there were growing worries about the safety and security of children as a result of parents publicly sharing their images. To address these concerns, the French police issued a formal warning, urging parents to exercise caution when sharing their children’s photographs on social media or other online platforms. The warnings were rooted in the potential misuse of these images and the risks posed by exposing personal details online.
The issue garnered international attention, prompting a response from Jay Parikh, who was then the Vice President of Facebook. Parikh stated that Facebook was considering the implementation of a system designed to notify parents if they posted images of their children without applying proper privacy settings. Such a system aimed to protect children’s online presence and ensure greater control over who could view their images. However, despite the statement, this system has not yet been implemented. Meanwhile, Parikh has since stepped down from his role at Facebook, leaving the matter unresolved.
For people in the UK, this issue carries significant implications. While UK law does not currently allow children to sue their parents specifically for sharing their images, broader privacy regulations under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 could potentially apply. Parents could face legal scrutiny if sharing images compromises their child’s privacy or exposes them to harm. Moreover, as children in the UK become more aware of their digital footprint, they may question or resent the decisions their parents made in sharing personal content online without consent.
Safety concerns are also relevant for UK parents, as publicly sharing images of children could inadvertently make them targets for online exploitation or identity theft. Social media platforms often make it difficult for users to control who has access to their posts, increasing the risks of exposure.
The cultural conversation in the UK mirrors that in France, as public awareness grows around the ethical and practical dilemmas of “sharenting” (parents oversharing about their children online). UK parents are increasingly being encouraged to think critically about their children’s digital rights and the long-term consequences of posting personal content.
What does European law say about children’s right to their own image
Since 2012, every European citizen, including children, has the right to the protection of their own image. This right is enshrined in Article 8 of the European Convention on Human Rights (ECHR), which guarantees the right to respect for private and family life. The European Court of Human Rights (ECtHR) has interpreted this provision to encompass the protection of an individual’s image, recognizing it as a fundamental aspect of personal development and autonomy.
A person’s image is a core attribute of their personality, revealing unique characteristics that distinguish them from others. The ECtHR has emphasized that the right to control the use of one’s image is essential for personal development. This control allows individuals to decide how and in what context their image is used, safeguarding their dignity and personal integrity.
Children, as individuals, are entitled to this right. The ECtHR has underscored the importance of protecting children’s images, particularly in cases where their images are used without consent. For instance, in the case of Reklos and Davourlis v. Greece, the Court held that taking and retaining photographs of a newborn without parental consent violated the child’s right to private life under Article 8 of the ECHR.
Furthermore, the Council of Europe has developed guidelines to protection of minors online ensure child-friendly justice, emphasising the need to protect children’s privacy and personal data. These guidelines advocate for the protection of children’s images, especially in legal proceedings and media coverage, to prevent any potential harm to their well-being and development.
A warning to parents who posts their children’s images to the internet
There is a potential legal framework to allow children to take their parents to court by their own children for breaching their privacy by posting their photos irresponsibly. When this happens, the parent will need to be able to justify what they posted, whey they posted it and how perhaps also demonstrate how their child’s best interest was served by those constant postings of the child’s images.
Perhaps, however, a more serious issue than the legal risk of being sued by their children is how parents’ postings of their child images would impact on their future relationship with the child. How do you ever explain to your child that your posting of their images on the internet was in their best interest?
Read more about the Legal Consequences Of Parents Posting Images Of Children