With the avalanche of criticism {that a} father within the USA has obtained for publishing movies and images of his youngsters terrified by his jokes to show these broadcasts into viral, he has once more provoked a robust debate all through the West in regards to the overexposure of kids on social media and their honor and popularity

Many questions come up, for instance the necessity or not for the consent of minors for the dissemination of mentioned publications, if mutual settlement between the dad and mom is important, if one of many dad and mom can oppose it, or if the general public authorities can intervene on this regard.

Relating to the primary query, primarily based on Regulation 1720/2007, of December 21, adolescents over 14 should ALWAYS give their consent for the publication of photographs and movies on social networks and blogs.

In reference to the dad and mom’ settlement, we all the time begin from the presumption that there’s a tacit consent of the opposite partner when publishing photographs or another kind of fabric.

However what occurs if the couple considers that an enough and affordable use of the kid’s picture is just not being made?

The Natural Regulation of Authorized Safety of Minors LO 1/1996, of January 15, signifies that the minors have the precise to honor, private and household privateness and to their very own picture.

Each dad and mom have parental authority whether or not or not they’re collectively, and article 18 of the Structure states that they’re the dad and mom or guardians and the general public authorities are those who will defend these rights in opposition to assaults from third events, Due to this fact, if one of many dad and mom considers that the fabric uploaded to the community damages the dignity or popularity of the minor, or just damages him, he might go to court docket.

The courts are already ruling on this, assessing completely different facets comparable to the aim of the publication, the general public attain or not of the social community, however above all it’s valuing the curiosity of the minor, and that any publication with out the consent of the dad and mom or guardians (with the absence of the Public Prosecutor’s Workplace) can be thought-about opposite to the authorized system.

Due to this fact, we will conclude that in the event you take into account {that a} minor is affected by overexposure to social networks, or the angle of considered one of his dad and mom significantly damages the minor’s honor and popularity, the minor should be protected and reported, and concerning publications over 14 years of age, they need to all the time give their consent.


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