Today, it is possible to find thousands of photos of children, generally posted by those around them, whether in the family circle or with friends. A behavior which therefore necessarily raises the question of the consent or not of the children or even of their parents, as the story of this grandmother who was condemned by justice to remove the photos of her grandchildren on Facebook.
Today, social networks are an integral part of our lives.
If at the initiative, they were essentially designed to give everyone a way to stay in contact despite a physical distance, they have evolved very quickly and have become everyday gadgets.
Until a few years ago, young people were the main targets of these new means of communication, but gradually all generations became interested in them, including seniors.
However, social networks can also lead to certain abuses, especially when they are misused. They also raise the question of image rights, especially when it concerns children. This right enables the right to privacy to be respected. Thus, it is necessary to have a written agreement to use the image of others. If the person photographed is a minor, the agreement of a legal representative is essential. However, exceptions exist, for example the photo of a current event. You can request the removal of an image from the person responsible for its distribution. In case of refusal, you can refer the matter to the judge. You can file a complaint in the event of a breach of privacy.
Photos on the networks against parental consent
This situation is still considered rare but it is not impossible that this kind of complaints will become more and more common in the years to come.
Indeed, many adults share photos of children on their social networks without asking anyone’s opinion. This situation is considered as one of the excesses of social networks which may lead to many lawsuits in the years to come.
In the Netherlands, a grandmother was sentenced for posting photos of her grandchildren on Facebook without the prior consent of their mother who has parental authority.
After asking the grandmother several times to remove the pictures to no avail, the mother ended up turning to justice.
Justice has ruled
During the trial, the two parties failed to reach an agreement, so justice had to decide. On Facebook, the grandmother’s profile was public, meaning everyone could see the photos of her grandchildren. Unfortunately, it is not trivial that such clichés end up in the hands of malicious people and it is then almost impossible to prevent their spread. It is therefore difficult to know who has them and especially what he does with them.
However, in the Netherlands, the law provides that it is absolutely forbidden to publish photos of children without parental consent. This is a law which also applies in France. Moreover, even with the prior consent of the parents, children have every right to turn to people who have posted pictures of them once they have come of age.
Thus, this grandmother was ordered to remove the photos of the children as quickly as possible. Otherwise, it risks a fine of 50 euros per day of delay with a ceiling set at 1000 euros. If she chooses to publish new photos of the children, she is then liable to a further fine of 50 euros per day until she withdraws them.
This penalty will be valid as long as the mother refuses photos of her children to be published on social networks or until her parental authority is no longer valid. This story is a perfect reflection of the impact that social networks can have on our daily lives and especially on relationships with our loved ones.