Damages Compensation for Misuse of Minors' Image: Commentary on Order No. 23018 of 2024

Order No. 23018 of August 21, 2024, represents a significant step forward in the protection of minors' image, clearly establishing that the unlawful dissemination of a child's images for advertising purposes, without the consent of one of the parents, entitles them to damages. This principle is based on a series of legal considerations that deserve further exploration.

Legal Context

The ruling is part of a well-defined regulatory framework, where personality rights, including honor and reputation, are protected by various provisions, including Article 10 of the Civil Code and Article 8 of the European Convention on Human Rights. In particular, the unlawful dissemination of a minor's image, which represents a primary and distinctive asset of the individual, can be considered a violation of their privacy.

Significance of the Ruling

Generally. In matters of misuse of minors' image, the unlawful dissemination of a child's portrait for commercial advertising purposes, carried out without the consent of one of the parents, gives rise to the right to damages, where a serious and effective injury to the privacy of the person's image is ascertained, a primary asset protected in itself as an element characterizing the individual, which can be prejudiced regardless of the indication of the minor's name or particulars. (In this case, the Supreme Court quashed the judgment rejecting the claim for damages, brought by the parent for the unlawful disclosure for advertising purposes of the child's image, as it had given importance to the lack of dissemination of the minor's particulars along with the photos, instead of verifying the effectiveness and seriousness of the injury).

The Court of Cassation, overturning the previous decision of the Court of Appeal of Milan, thus affirmed that the violation of privacy does not depend on the dissemination of the minor's particulars, but rather on the actual injury suffered by the minor. This aspect is crucial, as the protection of minors' image must be guaranteed regardless of public knowledge of their names.

Conclusions

In conclusion, Order No. 23018 of 2024 underscores the importance of protecting minors' image in the context of commercial advertising. Parents have the right to protect their children from the improper use of their images, and Italian law recognizes this right as fundamental. The ruling, therefore, not only reaffirms existing legal principles but also sheds new light on how they should be applied in daily practice, contributing to greater awareness and protection of vulnerable minorities in modern society.