Online photos of minors and sharenting: Supreme Court ruling no. 1169/2026 strengthens protection of children's images.

Posting photographs and videos of minor children online is not without legal consequences. With Order No. 1169 of January 20, 2026, the Court of Cassation returned to the issue of the unauthorized use of a minor's image, offering important guidance for parents, organizations, associations, and third parties who disseminate content on social networks or websites.
The decision is part of an increasingly pressing issue: that of sharenting, the online sharing by parents of images, videos, and information about their children. Even when the publication arises for emotional, family, or educational purposes, one principle remains central: the image of the minor does not belong to the parents, but to the minor himself.
What did the Court of Cassation establish n. 1169/2026?
The Court of Cassation examined the case of the publication of an image of a minor without consent. The Court reiterated that the unauthorized use of the image may constitute unlawful conduct, but carefully distinguished between two types of harm.
On the one hand, non-pecuniary damages are not automatic. It's not enough to prove that the photo was published without consent: it must be proven that its publication resulted in concrete, appreciable harmful consequences attributable to the minor's dignity, privacy, or personal peace of mind.
On the other hand, the Court has recognized the financial damage resulting from the use of an image. Even the image of a non-famous person can have economic value. If it is used without authorization to gain an advantage, even simply in terms of visibility, following, online traffic, or communicational value, damages can be assessed according to the so-called "price of consent" criterion: the compensation that would have been reasonably required to authorize that publication.
This passage is particularly important because it clarifies that direct commercial profit isn't always necessary. It may be sufficient for the person publishing the image to derive a tangible benefit from it.
Sharenting: Why publishing your children's photos is sensitive
Sharenting is now a widespread practice. Many parents post images of their children on social media from birth, often without considering the future consequences. However, a photograph uploaded online can be saved, shared, indexed, reused by third parties, or removed from its original context.
The key legal point is that parental responsibility does not grant parents unlimited power over their child's personal sphere. On the contrary, it must be exercised in the child's exclusive best interests.
Privacy, image, personal identity, and digital reputation are the personal rights of a minor. Parents can represent their child in decisions they are not yet capable of making independently, but this representation has specific limitations: every decision must respect the minor's dignity, confidentiality, and future self-determination.
Is consent from both parents required?
When publishing images of minor children online, consent plays a crucial role. Posting them on social networks or websites isn't simply the private preservation of a family photograph: it involves the processing of personal data and, in many cases, also the public disclosure of the minor's identity.
For children under 14, the most prudent approach, consistent with privacy legislation, requires the consent of both parents with parental responsibility. Furthermore, after the age of 14, minors assume an increasingly important role in managing their digital identity and the online dissemination of their image.
If one parent objects to the publication, the other should not proceed unilaterally. In cases of separation, divorce, or high levels of family conflict, the publication of children's photos can become a source of conflict and may require judicial intervention to establish limits, prohibitions, or protective measures.
The minor has the right to a digital identity that is not imposed
The issue isn't just about formal consent. The real issue is deeper: minors have the right to build their own personal and digital identity over time, without being subjected to an online biography entirely dictated by adults.
Every image published can help shape how the child will be perceived in the future. A seemingly innocuous photograph today could, over the years, become a source of embarrassment, unwanted exposure, profiling, cyberbullying, or misuse by third parties.
For this reason, the principle of prudence should guide every decision: before publishing a photo of a child, it is necessary to ask whether such publication is truly necessary, proportionate, and in accordance with the child's best interests.
Illegal reuse of images: what are the responsibilities?
One of the most sensitive aspects concerns the reuse of the image by third parties. A photo published online may be copied by websites, social media profiles, associations, commercial pages, or unknown parties. In these cases, anyone who uses the image without consent may be held liable for infringement.
Supreme Court ruling no. 1169/2026 highlights that, even in the absence of notoriety for the subject portrayed, the image retains legal and economic value. If unauthorized use benefits the disseminator, compensation may be based on the value of the consent that should have been requested.
For minors, protection must be even more rigorous, because their vulnerability requires enhanced protection of their personal data, image, and dignity.
When it may be necessary to consult a family law lawyer
Posting images of children online can cause problems in various contexts: parental separation, disagreements over managing social media profiles, use of photos by relatives, schools, sports associations, religious organizations, commercial pages, or third parties.
It is advisable to contact a lawyer experienced in family law when:
a parent posts photos of their child without the other's consent;
the minor requests the removal of images online;
a photograph of the minor is reused by third parties without authorization;
the images have been published on websites, social media or promotional materials;
there is a risk of harm to the dignity, privacy or digital reputation of the minor;
you need to request the removal of the content or evaluate a compensation action.
In the event of conflicts between parents and children, or when the adults who should protect the minor may find themselves in a conflict of interest, the issue of independent guardianship of the minor in the competent authorities may also arise.
Conclusion
Supreme Court ruling no. 1169/2026 confirms a highly relevant principle: a minor's image is not freely available content. Even when publication occurs within a family context or for non-profit purposes, the child's fundamental rights must be respected.
In the digital age, protecting minors also depends on adults' careful handling of photographs, videos, and personal information. Publishing a child's image impacts their privacy, their digital identity, and their future self-determination.
Therefore, before sharing images of minors online, it is necessary to evaluate consent, purpose, proportionality, risks, and the child's specific interests. The protection of minors must prevail over visibility, social media habits, and the personal choices of adults.
FAQ
Can parents freely post photos of their children on social media?
No. Posting images of minor children online requires caution and must be assessed in the child's best interests. For children under 14, consent from both parents is required.
What is sharenting?
Sharenting is the online sharing of photos, videos, and information about their children by parents. It can expose minors to the risk of losing control over their image, misuse of content, and premature construction of their digital identity.
Does the unauthorized publication of a minor's photo always give rise to the right to compensation?
Not always. According to Supreme Court ruling no. 1169/2026, non-pecuniary damages are not automatic and must be proven. However, pecuniary damages may be awarded according to the "price of consent" criterion if the image has been used to obtain a benefit.
What can you do if a parent posts photos of their child without consent?
The other parent can request the removal of the images and, in more serious or conflicting cases, contact a judge or the Privacy Guarantor. It is advisable to evaluate the situation with an attorney experienced in family law and child protection.
Can an association or school publish photos of minors online?
Only in compliance with privacy laws and with valid, specific, and informed consent. Publication must be proportionate, consistent with the stated purpose, and respectful of the minor's dignity.

Armando Cecatiello, a lawyer specializing in family law, child protection, and parental responsibility, handles separations, divorces, custody, family privacy, and the protection of individual rights in digital and international contexts.