With the arrival of holidays and family gatherings, the temptation to post photos of our children’s activities on social media increases.
However, not all parents feel comfortable with this sharing.
Is there a problem with this?
Is there a way to limit this sharing?
Article 1874 and following of the Civil Code assigns to parents the duty to ensure the sustenance, health, and education of their children.
Parents are also legally obligated to protect their children's other rights, including the right to image and the right to privacy (articles 79 and 80 of the Civil Code).
Portuguese courts have considered that the decision to share photos on social media should be made by both parents. In the case of a divorce, this decision can be part of the agreement regarding the regulation of parental responsibilities. However, if the parents cannot agree on whether to share photos of their children on social media, Portuguese courts have concluded that, in extreme cases, sharing images of children on social media can facilitate exploitation by sexual predators, who may use those images on pedophile websites or international networks of traders and collectors of sexualized images of children.
This concern has led the courts to prioritize the right to privacy, the protection of personal data, and children's safety in cyberspace over parents' freedom of expression and the prohibition of state interference in their private lives.
It was precisely in this context that the Court of Appeal of Évora, in a ruling on 25-06-2015, decided to include in the clauses concerning the regulation of parental responsibilities that parents should "refrain from disclosing photographs or information that could identify their child on social media."
The child's mother appealed, but the court upheld the decision, emphasizing that "children are not objects or possessions of the parents, to dispose of at their pleasure. They are individuals and, consequently, holders of rights."
It should also be noted that regardless of the parents' position on posting photos of their children on social media, there are basic rules that should be followed to ensure the children's safety in cyberspace, including:
– Avoid posting photos that expose the child's body (naked, in the bath, or in diapers).
– Avoid posting photos of children that make it easy to identify locations they frequent (such as their residence, the playground they usually visit, or the school they attend).
– Limit access to posted photos, for example, by using privacy options available on social media.
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