BarcelonaIn summer, it is common to see parents at the beach, or simply dining, with a mobile phone in hand taking photographs of their children to later post them on social media. Is it advisable to do so? And if it is done, what should be taken into account? Adriana Auset, a lawyer specializing in family law, addresses some questions.
By law, who is responsible for posting a video or an image of a minor on social media?
— Social media has become another means of communication, and in many cases, it is inevitable for parents or family members to post photos or directly share videos of their children to showcase lifestyles, to boast about them, or about the trips they take, just as we used to do years ago by showing photo albums. The problem arises when the right to honor and privacy of the minor may be violated. According to various Spanish laws, only the minor can give consent for their image to be published or disseminated in media or on social networks, as long as their maturity allows. If not, this consent falls to the parents.
At what age is it considered that they have sufficient maturity?
— From the age of 14, although in my opinion, it could be established from the age of 11. If they are under 14 years old, as I mentioned, it is up to the parents to decide, based on their educational criteria, what they can post and what they cannot about their children on social media. However, from the age of 14, children could ask their parents to remove all content in which they appear on social networks.
If your child is under 14 years old but asks you not to publish a photo, should their opinion prevail?
— Yes, although legally it is the parents who must decide, if your child asks you not to post a photo of them, you should not do it, because if not, what kind of education would you be giving them if they are saying they do not want their image on social media?
What risks are involved when posting photos?
— The moment you publish a photo, you must consider that you lose control. If you choose to go ahead, it is very important to read the terms of the social networks where the photos will be posted and ensure they are shared on platforms where only people you have pre-approved can see them because they are trustworthy individuals. Personal data of the minor should not be identifiable, for example; do not post an image of your child wearing a shirt with their name or the logo of the school they attend. And, above all, one must always consider the right to privacy, honor, and the child’s own image.
One of the most common mistakes is not considering the future when posting these images.
— Therefore, one must take into account the type of image being posted and what kind of behavior the minor is exhibiting, because in the future, this image may harm them professionally. Imagine that you post a video where they are throwing a tantrum, and that child ends up holding a high position in a…
In the case where parents are separated, and one wants to post images while the other does not, which option should prevail?
— Whether they are separated or divorced, they cannot post photos of their children on the internet or social media without the other parent’s permission. If one of them refuses to allow their child to appear on social media, the other cannot post photos of the minor. And if the disagreement between both is significant, it will be up to a judge to decide. Nevertheless, I can already tell you that judicial resolutions in this regard guarantee the protection of the minor’s privacy, and therefore judges tend to lean towards not allowing publications by either parent.
And in case of non-compliance…
— The one who has breached this must respond legally in front of a court.
Your child is with a friend, and you take a photo of them. Can you post it on social media?
— Without the permission of this friend’s parents, you should not do it.
A very common occurrence among new parents is to post an image of their newborn on social media to announce the news. Do you recommend it?
— It all depends on who it is addressed to, but in principle, the fact of saying that the baby has been born and weighed such without any more details does not seem to me a great danger, unless it is a public figure.
In just over a month, a new school year begins, and schools will begin asking parents for authorization to publish images of their children on social media or in the school or extracurricular magazine. Do you recommend that parents authorize it?
— This depends on the parents. Some parents do not want their children to be on social media until the minors can decide whether they want to appear or not, and I think that is correct. However, I also see it fine for them to give their consent. In my case, for example, I authorize it because I know the institution will make proper and educational use of the image.
