The publication of children's photos online

Sharing life moments of one's children on social networks is common practice, a way to feel connected with friends and family. However, when parents are separated or divorced, this action can become a point of contention, raising complex legal issues regarding the protection of the child's image and privacy. Understanding one's rights and duties is the first step to acting in the child's exclusive interest. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deals with these delicate situations daily, providing clear guidance to navigate regulations and protect the little ones.

The Regulatory Context: Why Consent from Both is Always Necessary

Italian law places the protection of the child's superior interest at its core. Publishing a photograph online constitutes a form of dissemination of personal data, namely the image, and requires the consent of those exercising parental responsibility. Since responsibility is shared by both parents, even after separation, the consent of both is necessary for any decision of particular importance, including the dissemination of images. This rule derives not from a single provision but from a set of legal principles that include Article 10 of the Civil Code on the right to one's image, the European General Data Protection Regulation (GDPR), and international conventions on the rights of the child. Established jurisprudence has repeatedly affirmed that the disagreement of one parent is sufficient to prevent publication, unless it can be proven that such refusal is pretexts and contrary to the child's interest.

The Bianucci Law Firm's Approach

Faced with a disagreement on publishing children's photos, the approach of Avv. Marco Bianucci, a family lawyer in Milan, is always geared towards de-escalating conflict and finding a pragmatic solution. The first step is to attempt mediation, explaining to the other parent the legal implications and the risks to the child's safety and privacy associated with uncontrolled online exposure. If dialogue is insufficient, a formal notice is issued to request the immediate removal of the images and abstention from future publications. If even this step is ineffective, an urgent application to the competent Court can be filed. The judge, after assessing the situation, can order the removal of the content, impose a prohibition on future publication, and, in more serious cases, establish compensation for damages in favor of the child.

Frequently Asked Questions

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

The first step is to formally request the removal of the images in writing. If the request is ignored, it is advisable to contact a lawyer to send a formal notice. As a last resort, an urgent application can be made to the Court to obtain an order for deletion and to prohibit future publications.

Is consent needed even if the parent's social media profile is private?

Yes, the consent of both parents is always necessary. A 'private' profile reduces the audience but does not eliminate the risk that the images may be saved and re-shared by third parties, thus losing all control over their dissemination. The child's protection takes precedence over the public or private nature of the account.

Can a judge prohibit a parent from publishing photos of their child?

Absolutely yes. If the judge believes that the publication of photos is detrimental to the child or occurs against the will of one of the parents, they can issue a specific order prohibiting one or both parents from publishing images of the child on social networks or other online platforms.

What are the risks of publishing photos of a minor without authorization?

In addition to the order for forced removal of the content, the parent who publishes the photos without consent may be ordered to pay non-pecuniary damages for the violation of the child's right to their image and privacy. The amount is determined by the judge based on the severity of the violation and the dissemination of the images.

Protecting Your Children's Image: An Absolute Priority

Managing children's digital image is a crucial responsibility, especially in a context of separation. If you are facing a disagreement on this issue or wish to better understand how to protect your children's privacy, it is essential to act with awareness and promptness. Avv. Marco Bianucci offers legal advice in Milan to help parents find balanced solutions and, if necessary, take the most effective legal actions. Contact the firm for an assessment of your case and to define the best strategy to protect your children.