IMPORTANT: This article discusses a ruling by the Provincial Court of Barcelona dated April 25, 2017, regarding the publication of images of minors on social media. The general principles regarding the protection of a minor’s image remain relevant, but each case must be analyzed in accordance with current regulations, the parental authority regime, applicable family law measures, and the best interests of the child.
Posting photos of a minor on social media requires the consent of both parents
Posting photographs of minor children on social media directly affects their right to their own image, their right to privacy, and the best interests of the child.
Therefore, the decision to post a photo of a minor child on Facebook, Instagram, or another social media platform does not rest solely with the parent who has custody, but is part of the shared parental responsibility of both parents.
Consequently, when both parents retain parental authority, the consent of both will be required to post photographs of their child on social media, especially when the image allows the child to be identified or could infringe on the child’s privacy.
Right to One’s Own Image and Minors
The right to one’s own image is a fundamental right recognized in Article 18.1 of the Spanish Constitution. In the case of minors, this right requires special protection, since the dissemination of their image may affect their privacy, safety, and personal development.
Parents, as holders of parental authority, have a duty to protect the image of their minor children. Therefore, the publication of photographs of a minor on social media must always be done in the child’s best interest and, where applicable, with the consent of both parents.
The Provincial Court of Barcelona noted this in its April 25, 2017, ruling, when analyzing a case in which one parent had posted images of their minor child on Facebook without the other parent’s consent.
Ruling by the Barcelona Provincial Court on photos of minors on Facebook
Civil Judgment No. 360/2017, issued by the Provincial Court of Barcelona, 18th Section, on April 25, 2017, notes that minors are holders of fundamental rights, including the right to honor, to personal and family privacy, and to their own image.
Minors are holders of rights, including the right to one’s own image, as enshrined in Article 18.1 of the Spanish Constitution, which guarantees the right to honor, to personal and family privacy, and to one’s own image.
The Provincial Court also cites the Supreme Court’s jurisprudence regarding the special protection of minors’ image. In particular, it notes that one’s image, like one’s honor and privacy, constitutes a fundamental human right.
One’s image, like one’s honor and privacy, is a fundamental human right enshrined in Article 18.1 of the Spanish Constitution, and it is embodied in the exclusive right of the individual to disseminate or publish his or her own image.
In the case of minors, the dissemination of images requires special caution. When there is no consent from parents or legal guardians, publication may be deemed contrary to the law, especially if it affects the minor’s best interests.
Posting photos of a minor is part of parental authority
The Provincial Court of Barcelona noted that parental authority must be exercised in the child’s best interests and in accordance with the child’s personality, in order to facilitate the child’s full development.
Annulment, separation, or divorce do not eliminate the responsibilities that parents have toward their children. Therefore, even if one parent has been granted custody, certain important decisions remain part of shared parental authority.
These decisions include posting images of the youngest child on social media, as this may infringe on the child’s fundamental right to one’s own image and to personal and family privacy.
Consequently, the Provincial Court notes that the prior consent of both parents is required to post photographs of a minor child on any social media platform. Even if the sharing is initially limited to family members or friends, unilateral posting may be considered a violation of the law.
Conclusions on Posting Photos of Minors on Social Media
Posting photos of minors on social media should be done with particular caution. This is not a minor or purely routine decision, as it affects the child’s fundamental rights.
- The right to one’s own image is a fundamental right.
- Minors have the right to enhanced protection of their image and privacy.
- The decision to post photos of one’s child on social media is part of parental responsibility.
- It is not enough to have been granted custody to unilaterally decide on the dissemination of images of the child.
- If both parents retain parental authority, they must reach an agreement before publishing images of their child.
- Overexposure of minors on social media should be avoided whenever it may harm their best interests.
In the case reviewed by the Provincial Court of Barcelona, it was established that the father had posted photographs of the minor on Facebook without the mother’s consent. Although the photos were initially shared only with family and friends, the court ruled that the posting did not have the necessary consent.
Therefore, before posting a photo of a minor child on social media, it is advisable to obtain consent from both parents and consider whether the post truly protects the child’s best interests.
Lawyers specializing in family law, juvenile law, and social media
Conflicts over the posting of images of minors on social media can arise in situations involving separation, divorce, joint custody, parental authority, or disagreements between parents regarding their children’s online exposure.
IN DIEM Abogados provides legal advice on family law matters, child protection, the exercise of parental authority, disputes arising from the use of social media, and the defense of minor children’s rights to their own image and privacy.
If the parents disagree about the publication of photographs of the child, it is advisable to seek legal advice before making unilateral decisions or filing a claim.
The firm has a multidisciplinary team composed of specialized attorneys and professionals with experience in the areas of litigation, family law, and child protection, which allows it to approach each case from a technical, strategic, and practical perspective.
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