Images of Minors on Social Media: What Limits for Parents?

The publication of images and videos of minor children on social networks is a very current and sensitive issue. The issue involves the minor's right to privacy, parental consent and the possible legal consequences in the event of violation of current regulations.
Is consent from both parents required?
The general rule states that no image or video depicting a minor can be published on social media without the consent of both parents. This principle also applies when the child is filmed from behind or partially, if the context still allows his identification.
If both parents agree, the images can be published without the need for the minor's consent, until the child reaches the age of fourteen.
The reference legislation
Legislative Decree 10 August 2018, n. 101, which adapted Italian law to EU Regulation 2016/679 (GDPR), provides that the processing of personal data (including the publication of images) of a minor over 14 years of age requires his or her explicit consent. Before that age, consent must be given by the holders of parental responsibility.
Furthermore, pursuant to Article 96 of the Copyright Law (Law No. 633/1941), the dissemination of a person's image without his or her consent is prohibited, except for certain exceptions of public interest.
What to do in case of disagreement between parents?
If one of the parents is against the publication, he/she can request the removal of the images already published. In case of non-cooperation, he/she can turn to the Judge to obtain an injunction and removal order through:
• Urgent appeal pursuant to art. 700 of the Code of Civil Procedure
• Appeal pursuant to art. 473-bis.39 cpc, in the context of disputes between parents on issues relating to parental responsibility.
The Cartabia Reform has strengthened the right of the minor to be heard in these proceedings, if he or she is 12 years old or, in case of capacity of discernment, even earlier.
Possible sanctions
If the defaulting parent continues to publish images without consent, the judge may impose a fine for each violation committed, pursuant to art. 614-bis cpc
Furthermore, the recent Court of Cassation (order no. 23018 of 21 August 2024) reiterated that the protection of the image of the minor is a primary interest. In the event of unlawful publication, the opposing parent can request compensation for damages if it demonstrates a concrete violation of the child's right to privacy.
Conclusions
Sharing images of minors on social networks must always be done in compliance with current regulations and, above all, in the interest of the child. Parents must carefully evaluate the consequences of such publications, avoiding situations that could expose the minor to risks for his safety and privacy.
When disagreements arise, the best way is always through dialogue and mediation, but in the event of violations, the law offers effective protection tools to ensure that the will of the opposing parent is respected and the minor is protected.