Children and Social Media: Managing Online Image After Separation

In the digital age, sharing moments of one's children's lives on social networks is common practice. However, when a couple's relationship ends, managing this media exposure can become a battleground. Publishing photos and videos of minors, if not regulated, risks infringing on their privacy and fueling tensions between parents. Understanding how to act and what rules to establish is fundamental to protecting the children's well-being. As a family lawyer in Milan, Avv. Marco Bianucci assists parents in defining clear and shared paths, aimed at preventing conflicts and ensuring the minor's serenity.

The Legal Framework: Right to Image and Parental Responsibility

Italian law firmly protects the minor's right to image and privacy. The dissemination of a child's images, even by a parent, requires the consent of both parents, as an expression of shared parental responsibility. This principle does not cease with separation or divorce. The publication of a photo by one parent without the other's agreement constitutes a potentially unlawful act, as it violates the child's rights and the other parent's prerogatives. Established jurisprudence often intervenes to order the removal of content published without the necessary double consent, emphasizing that the child's paramount interest must always prevail over the parents' individual needs.

When a disagreement arises, the law requires seeking a solution that primarily protects the child. This means evaluating the appropriateness of each individual publication, considering the child's age, maturity level, and the possible consequences of their online exposure. A seemingly harmless image can expose the minor to risks such as cyberbullying or grooming. For this reason, in cases of irreconcilable conflict, it is possible to turn to the Court, which can establish specific limitations or prohibitions on the publication of images, always directing the decision towards the child's maximum well-being.

The Bianucci Law Firm's Approach: Preventive Agreements and Child Protection

The approach of Avv. Marco Bianucci, a lawyer with extensive experience in family law in Milan, is pragmatic and prevention-oriented. Instead of waiting for conflict to erupt, the Bianucci Law Firm promotes the inclusion of specific clauses on managing children's digital image directly in separation or divorce agreements. Defining the rules in advance is the most effective strategy to avoid future misunderstandings and protect children from disputes that could upset them. These agreements are not simple prohibitions, but real shared management plans, personalized to the family's needs.

A well-structured agreement can regulate various practical aspects, such as the type of photos or videos that can be shared, the platforms that can be used (e.g., private profiles versus public profiles), the frequency of publications, and the potential need to consult the child, if their age allows. The goal is to create a clear protocol that both parents commit to respecting, transforming a potential point of conflict into a further demonstration of collaboration in the children's interest. This method not only resolves the practical problem but also strengthens a climate of post-separation cooperation.

Frequently Asked Questions

What can I do if my ex publishes photos of our child without my consent?

The first step is to send a formal communication, preferably through a lawyer, requesting the immediate removal of the content and a commitment not to publish any more in the future. If this request is not met, it is possible to file an urgent appeal with the competent Court to obtain an order for the deletion of the images and to prohibit further unauthorized publications, also providing for a financial penalty for each subsequent violation.

Is it necessary to go to court to decide on children's photos on social media?

Not necessarily. In fact, the judicial route should be considered a last resort. The preferred solution is to reach a consensual agreement, which can be formalized and included in the separation or divorce terms. The assistance of an experienced family law attorney is crucial at this stage to mediate between the parties and draft a clear, comprehensive, and legally binding agreement that effectively protects the minor.

What are the rules for social media profiles created directly by minor children?

Parental responsibility also extends to supervising children's online activities. For minors under 14 years of age, the law requires the consent of both parents to register on a social network. It is essential for separated parents to agree on common rules for the child's use of social media, including usage times, privacy settings, and the type of content they can share, in order to ensure consistent guidance and safe navigation.

Defining Clear Rules: Contact the Firm in Milan

Managing children's image in the digital world is a delicate aspect of parenting after a separation. Establishing clear and shared rules is not just a legal matter, but an act of responsibility to protect their privacy and serenity. If you are facing disagreements on this issue or wish to include preventive clauses in your separation agreement, you can contact the Bianucci Law Firm. Avv. Marco Bianucci, as an expert family law attorney in Milan, will offer an in-depth analysis of your case to build the most appropriate solution to protect your children's interests. Contact the firm at Via Alberto da Giussano, 26 for a consultation.