The summer holiday period is when more pictures of children are posted on social media. A well-established practice, publishing where there are minors. However, the chairman of Aiaf Veneto (Association of Lawyers for Family and Minors) De Santi reminds parents: “Remember that you need the consent of both and that the child may not agree,” he warns.
Posting pictures of their children on social media has become a normal practice for many. Children immortalized in the process of doing anything. Bath time, breakfast, going to school, playing, doing homework, tantrums. Every now and then, they become main characters in stories on Instagram and posts on Facebook, even before they came into the world. In fact, it is a consolidated practice to publish ultrasound scans. But the decision to share these photos on social media should not be taken for granted. Firstly, on the issue of child safety (which is potentially exposed to a variety of risks), and secondly, because the consent of both parents is required first. “The right to his portrait, as any personal characteristic element” – explains the President of Aiaf Veneto (Association of Lawyers for Family and Minors) Sabrina De Santi – is inviolable and absolute, and is protected by our Constitution in Article 2 “.
It is the Civil Code that gives us the opportunity to defend it: with the ban on the use of our image, with the request for damages, and with the remedies provided by the Privacy Act. “As for the image of children – explains De Santi – it is the parents who are the holders of that right. And as such, they must agree before posting pictures about them.” Since it is a fundamental right, every parent can therefore prevent the other from publishing pictures of their children.If the other violates this request, it is possible to request the judge’s intervention for the purpose of removing the pictures and compensation for the damage. exclusive custody (where the custodial parent can continue to publish pictures without the other person’s consent), the parent who finds the picture of the child published without his / her consent can intervene.
“The parent – continues De Santi – can obtain that the other parent in accordance with the provisions of Article 709 of the Code of Criminal Procedure removes the image of the child published without his consent, compensates the injury and again that he is warned of what he has done and that he is instructed not to do so again. “And today another tool is in force. been requested is violated.
“And now it has become common practice to insert clauses in the separation and divorce agreements that govern the ability to post pictures on social networks,” De Santi emphasizes. “It is a‘ diffusive metastasis ’, as the Supreme Court said. In the act of sharing private photos of children, there is an inherent danger that parents must assess together ». Abroad, where the problem has been addressed in advance, we are witnesses to rulings that do not only look parents up against each other. But also children who have taken their parents to court because they are against seeing, or having seen, their lives shared online. “I do not rule out – concludes De Santi – that we will soon see episodes of this kind in Italy. Once a child has grown up, a child is not necessarily happy to see his life shared with strangers. The council is as a lawyer to be very careful and in doubt not to. Not so much and not only to avoid legal consequences, but to respect privacy and protect the safety of their children. Social networks are means of communication to which everyone potentially has access ».