Photos of children on social media: a delicate boundary

Publishing photos of one's children on social networks is a common gesture, often driven by pride and the desire to share happy moments. However, when a couple separates, this action can become a point of contention, raising complex legal issues related to the child's image rights and privacy. Managing children's digital lives requires shared responsibility, which must be maintained even after the marital relationship ends. As an expert family lawyer in Milan, Avv. Marco Bianucci handles these situations with the primary goal of safeguarding the child's well-being, mediating between the parents' positions, and, if necessary, intervening with the most effective legal tools.

The regulatory framework: consent and child protection

Italian law is very clear in protecting the image and privacy of minors. The fundamental principle is that the publication of a minor child's photograph always requires the consent of both parents, even if they are separated or divorced. This obligation stems from a set of rules, including Article 10 of the Civil Code on the right to one's image and Articles 316 and 337-ter, which govern parental responsibility. Case law has consistently reiterated that the decision must be made by mutual agreement, with the best interests of the child as the guiding criterion. Any publication that could be detrimental to the child, expose them to risks such as cyberbullying, or harm their dignity, is considered unlawful, regardless of the consent of one of the parents.

The approach of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, a family lawyer in Milan, focuses on a targeted and progressive strategy. The first step is always to attempt an out-of-court resolution, promoting dialogue between the parents to reach an agreement that establishes clear rules for managing children's online image. When dialogue is insufficient, a formal warning is issued, ordering the non-compliant parent to immediately remove the images and refrain from future unagreed publications. If this step also proves ineffective, the firm initiates legal action through an urgent application to the competent Court. The aim is to obtain an order to cease the harmful conduct and, in more serious cases, impose financial penalties (warnings or damages) pursuant to Art. 709-ter of the Code of Civil Procedure, to protect the child.

Frequently Asked Questions

What can I do if the other parent publishes photos of my child without my consent?

The first step is to formally request the removal of the content in writing. If the request is ignored, it is necessary to send a legal warning through a lawyer. If the conduct persists, it is possible to file an application with the Court to obtain a judicial order for removal and a prohibition on future publications, as well as potential penalties for the parent who acted without consent.

Is the child's consent needed to publish their photos?

The law requires the consent of both parents until the child reaches the age of majority. However, the UN Convention on the Rights of the Child emphasizes the importance of listening to the child's opinion, especially if they are over 12 years old or have adequate discernment. A parent should always consider the child's wishes before publishing their images, even if legal consent rests with the parents.

Can a judge prohibit the publication of children's photos on social media?

Yes, absolutely. If a parent applies to the Court, the judge can issue a specific order prohibiting both parents from publishing images of the child on social networks without the written consent of the other. They can also order the deletion of all previously published photos and establish a financial penalty for each future violation.

What are the risks associated with publishing minors' photos online?

Besides potential conflict between parents, the risks are significant. Media overexposure (so-called 'sharenting') can harm the minor's privacy and future reputation, expose them to cyberbullying, online grooming, or the improper use of their images by malicious third parties. Creating a digital footprint for a child without their consent can have long-term consequences on their personal and professional life.

Request a case assessment in Milan

If you are facing a disagreement regarding the online publication of your child's images and believe their rights and, above all, their well-being are at risk, it is crucial to act promptly. Studio Legale Bianucci, located in Milan at via Alberto da Giussano 26, offers legal advice and assistance to manage these delicate disputes. Avv. Marco Bianucci can provide the necessary support to define the most suitable strategy for your specific case. Contacting an expert family lawyer is the first step to ensuring the peace of mind and protection your child deserves.