What is sharenting?
Research indicates that 53% of parents in France share content related to their children on social media. Parents of a typical thirteen-year-old in the United Kingdom have likely already posted 1,300 photos of their child online. In this way, a "digital identity" is created, over which the child has little influence. The sharing of photos of one's own children on social media, known as sharenting, raises many controversies.
The French data protection authority (CNIL) has published a document regarding the risks associated with sharenting and methods that can enhance children's safety. Below is its translation:
What dangers does publishing a child's photo on social media pose?
CNIL regularly receives complaints, examples of which are presented below (these are true stories):
- A child filed a complaint with CNIL regarding the removal of photos, videos, and voice recordings posted by their parents on a social media platform.
- Parents filed a complaint with CNIL concerning the difficulties they encountered while trying to stop the dissemination of photos from their minor children's baptism.
Children's photos can be used to cause harm
Videos and photos published on social media can be obtained by individuals with malicious intent. Some parents post naked photos of their children (e.g., playing in the bathtub). Internet predators may download such photos to create fake profiles, share photos with other strangers, or distribute images on platforms containing child pornography.
Individuals with malicious intent can obtain photos without needing to remain within the user's circle of friends if their profile is public or if one of their friends has shared the photos publicly or passed them on to others.
Publishing a photo may reveal additional information about the child
A photo taken with a smartphone or camera contains data that can disclose a lot of information about the child.
Photos and videos often contain information about the time they were taken and location data (hidden in metadata, particularly GPS data). Additionally, they may reveal further details, such as the child's interests or places they frequently visit. Such information should not fall into the hands of individuals with malicious intent.
Creating a digital identity may ultimately harm children
Some children already have a digital identity from a young age, built from hundreds of photos. Deleting these when the children grow up can be difficult. According to a study conducted by the British agency OPINIUM, published in 2018, the parents of a typical thirteen-year-old publish 1300 of their child's photographs on social media.
It is challenging to estimate the future reach and consequences of the digital footprints currently being left. What seems harmless today may become unacceptable tomorrow. Photos and videos shared by parents that remain permanently accessible can hinder children from shaping their own image and identity. They can damage their online reputation, create a risk of cyberbullying, and also exert a negative influence on their school environment or personal and professional future.
What best practices should be applied?
CNIL provides practical advice and guidelines to follow to ensure that children are not exposed to the dangers associated with sharenting.
Send photos via instant messaging, email, or MMS
Avoid sharing photos and videos of your child on social media. It is better to share them through secure private instant messaging services. Some of these messaging services have features that allow messages to be sent that are only available for a short period. It is also safer to send photos via regular email or MMS (multimedia messages).
Do not share photos of your child with all your social media followers if you can send them directly to family or friends. Do not hesitate to ask your loved ones to stop sharing photos or videos of your child on social media if you do not consent to it.
Ask your child and the other parent for permission before deciding to publish anything
Before you publish a photo or video of your child on social media, talk to them and obtain their consent. The consent of the other parent is also necessary.
In many court rulings, it has been clearly stated that publishing photos of children, particularly on social media, is an atypical activity that requires the consent of both parents. A judge may therefore prohibit one parent from publishing photos of the child if the other does not give consent.
Avoid adding specific photos and videos and hide the child's face
Before publishing photos and videos featuring your child, make a selection. Avoid sharing photos and videos that violate privacy (e.g., those showing the child in a swimsuit or in the bathtub).
It is also recommended to hide the child's face before publication (taking a photo of their back, using emojis instead of the face, etc.).
Secure your account and reduce the visibility of posts
Protect your social media accounts by limiting the visibility of published posts to your own subscribers. This will prevent strangers from accessing photos or videos that show your child.
In each social media platform (TikTok, Instagram, Facebook, X), you can change the privacy settings of your account to limit the visibility of posts. When using a smartphone, to set your account to private, click on your profile icon in the bottom right corner of the screen, then in the menu in the top right corner, go to “Settings and Privacy,” and then to “Privacy.” You can also enable the feature: profile viewing history.
Review the list of people following your profile and the photos and videos you have published
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Regularly check the list of your followers on social media. This will help you avoid being followed by people you do not know.
If possible, group your followers into several categories (friends, acquaintances, family, etc.). This way, you can share photos or videos only with specific groups.
Tip: on Instagram, you can create a group consisting of close friends. Share materials related to your child only with this group, not with all your followers.
Regularly review the photos and videos you have published on social media to remove any that you no longer wish to share.
What rights do children have?
According to the Convention on the Rights of the Child of 1989, every minor has the right to preserve their identity, name, and family relations. Children must also be protected from “arbitrary or unlawful interference with their privacy” and from “unlawful attacks on their honor and reputation.”
Children's rights to privacy and protection of their image
Photos and videos depicting children contain personal data. Children under the age of 18 also have rights to their personal data and benefit from enhanced protection.
According to French law, as a general rule, it is the parents (or legal representatives) who exercise the child's rights, particularly:
- the right of access, allowing them to find out what data about the child is held by a specific organization,
- the right to rectification, i.e., the right to request the correction of certain inaccurate, outdated, or incomplete data concerning the child,
- the right to request deletion of data, relating to the possibility of requesting the deletion of the child's personal data,
- the right to object, meaning the expression of a request to cease the use of certain personal data of the child by the organization for a specific purpose.
CNIL holds the position that children should also directly exercise their rights to their personal data on social media.
The ability to act independently does not exclude the rights of parents to exercise the same rights on behalf of the child and to provide support during this process.
It should be noted that children can also take legal action against their parents if the parents do not respect their rights. In 2018, a sixteen-year-old filed a complaint against his mother for violating his privacy. A court in Rome ordered the child's mother to cease publishing photos of her son on social media under the threat of a fine.
Removing photos or videos online
If the photos or videos of your child that you published on social media have been reused without your consent, you can exercise the rights that belong to the child on their behalf, particularly the right to request deletion of data. Similarly, the child can request the removal of photos or videos that contain their image without your consent.
Summary
Ensuring the privacy and security of children in the digital age is the responsibility of every parent. Before sharing another photo or video of your child on social media, consider the consequences. By protecting their identity and respecting their right to privacy, you create a safer and healthier environment for their upbringing. Your actions today impact their future – be aware and responsible.
