It is no secret that social networks are a mirror of ourselves in which we show ourselves not as we are, but how we want to be seen. The networks are full of photos where we go out happy, surrounded by friends, doing super fun things, but who posts something when they're sad? Nobody, because nobody wants to be seen sad, right? One trend that has become fashionable is sharing, i.e. sharing photos of our beloved (minor) children to, in a sense, show them off, and that is too dangerous.
If any of your relatives have had a child in the last few years, you will have seen how their Facebook wall and Instagram profile filled up with photos of newborns and which later evolved into an album photographic of child at the beach, putting funny faces, etc. They are very beautiful photos and all you want, but it is a dangerous activity that keeps the debate on the privacy of minors alive. That they are your children does not mean that you can ignore their right to privacy and privacy.
You never know where an innocent photo of your child can end up
Who doesn't have a picture of a little nude on the beach? Or a picture without clothes after his mother took him out of the shower when he was only one or two years old? You certainly have. The difference is that that photo was kept in a family album, which was not massively shared with the rest of the world. Now that album has been moved to social networks and when you upload photos stop monitoring them.
You have that false sense of security that, since you have few contacts / followers, nobody will see the photo and that, therefore, nothing happens (why upload it then, if nobody will see it?). But it is enough for one person to download the image and spread it, and I don't think I have to tell you where the photo of your naked son on the beach can go, do I? You sure don't want your dear, beautiful baby to end up in a child pornography tour. It sounds awful and apocalyptic, but the things never happen until they really happen, and then there is no turning back.
A concise and unclear law
In the context of European legislation we have the General data protection regulation (GDPR), which you can access from here. From my point of view, it is concise when it comes to minors, since the regulation is more focused on the treatment that companies (like Facebook) make of personal data. With regard to minors under the age of 16, the following is specified:
This processing [of personal data entered by minors under the age of 16] will be considered lawful only if the consent has been given or authorized by the holder of parental authority or protection of the minor, and only to the extent that it has been given or authorized. Member States may establish by law a lower age for these purposes, provided that it is not less than 13 years.
This removes the bulk, since minors must not be aware of the data they are entering on these platforms, so leave parents or guardians the right to teach your children what they should and shouldn't enter and monitor their use. However, it says nothing about the very act of sharing content in which minors appear. Therefore, it is up to countries to enforce the law on the basis of their own legal systems.
Cases where sharing was punished
Spain, France, Austria and even Spain have already talked about sharing, even if unfortunately the thing is not clear at all, leaving in many cases at the mercy of responsibility and common sense though whether or not to share photos of minors on social networks. And we all know what happens when responsibility and common sense are used.
Recently, the Court of Rome (Spain) issued a sentence condemning a mother to delete all the photos he posted on Facebook of his son, with a fine of 10.000 euros. For its part, the France has approved in 2016 a regulation with which a father could be sentenced up to one year in prison and a 45 thousand euro fine for publishing photos, videos or intimate details of their children (school hours, clothes they wear…).
Austria is was also the protagonist some time ago of the complaint that a son made to his mother for sharing photos of him when he was little. This, according to Austrian law, is punishable by a fine of up to 10.000 euros. For its part, the Spanish Supreme Court has stated in 2015 that sharing can only be penalized if carried out without the consent of one of the parents or legal representatives of the minor, that is, if your father gives consent, he can upload photos of you even if you are a minor, and back to the same: responsibility and common sense.
My advice? Don't do it even if you can
Let's go back to the previous idea: that the law allows you to do it doesn't mean you have to do it. Before uploading a photo, think about how you would feel if your parents showed those intimate photos from when you were a child to all their friends and people who were on the street. Put yourself in your 18-year-old's shoes, when he sees what you have done with his image, privacy and dignity, and weighs.
Social networks are a cruel, merciless, barrier-free world (in addition to those of "common sense" and "responsibility). It's up to you to make the right decision.
Source: EuropaPress
