Tip of the iceberg – what problems can sharenting cause?

„An 18 year old woman is now suing her parents because they posted her pictures on Facebook. According to the claimant, the parents started sharing hundreds of pictures of their child as early as 2009, including intimate and emberrassing moments. The parents knew no shame or boundaries.”

„A mother was fined 10.000,- euros, because she posted pictures of her teenage son on Facebook without the son’s consent – decided a court in Rome.”

A few years ago, cases like these could have sounded absurd, however more and more similar lawsuits are being filed nowadays.

Why would sharing a picture mean any problems? Parents have been showing pictures of their children for ages, isn’t this the same? Unfortunately, the answer is a resounding no.

Legal aspects of sharenting

According to the Hungarian Civil Code, people under the age of 18 have limited capacity to act. The law further divides minors into two categories: people under 14 have no capacity to act at all, while people between 14 and 18 have limited capacity, meaning that for their actions to be valid, the approval of their legal guardian is necessary. Still, minors are considered as individual human being with their own legal capacity and their own rights. Additionally, their rights are further protected by additional rules in order to guarantee their healthy upbringing.

It is evident that a child (minor) is dependent on their parents. This dependency however must not limit the protection of their rights, it should broaden it. This is also true to the child’s personality rights. Posting a picture of a minor without their consent is a violation of their rights. The parents’ rights are also limited as per what they must, what they can, and what they cannot do to their children. Violating their personality rights is one such issue.

What is the potential risk of this?

First of all, sharenting puts the security, identity and good reputation of the child at risk. At the very least, their personality rights may easily be violated. Additionally, posting an excessive amount of content on the internet may harm the family’s trust and harmony. In extreme cases, crimes may also be commited, such as harrassment or other actions.

Regarding basic rights and freedoms the source of the problem is that the parents’ freedom of speech and opinion confronts the child’s right for self-determination, dignity, personal life, personal secrecy and rights regarding personal images.

Additionally, sharenting may also pose problems regarding data security and data protection. What is once posted on the internet, will never leave the internet, and this is also true for the child’s pictures and other contents. It is all too easy to download or copy any content posted on the internet, even if the post itself has security measures built into the platform. It is the parents’ obligation to consider such risks before posting anything about their child on the internet.

What should parents do before posting contents of their children?

§ It is recommended to study the security settings and measures of the chosen platforms

§ They must be aware of the fact that they can and they should ask for professional help in case they are in doubt

§ They must make sure never to share any location data regarding their child

§ They must always ask the child’s permission before posting anything

§ They must not share any materials in which the child’s body is exposed in any way

§ They must consider the potetnial effects of any published materials on the child’s life

What can the child do?

§ They have the right to protest to their pictures being published or shared

§ They can have their pictures removed by the operator of the site

§ In case of serious violation of rights they can also sue for restitution or even damages

Summary

Parents should exercise caution when posting anything about their children on social media or on the internet. Exposing the child’s life or any data may result in serious consequences. If in doubt, one should always seek professional legal – or other – help. Children also have rights to their own pictures and materials that should be respected and protected at all times.

Should you have any questions or need legal help regarding the above topics, feel free to reach out to our office!

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