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Sharing images of your childr(en) on social media must be agreed with anyone else who has parental responsibility
Parental disagreements related to sharing pictures on social medias
Dealing with issues relating to parental responsibility and ‘image rights’
Posting pictures of a minor child on social medias
PacisLexis Family Law
Social media lawyer
Many parents like to share their private life on social medias. Parents sharing pictures of their children online is something that is becoming more and more popular and it’s called: sharenting, a combination of sharing and parenting.
The French law article no 2024-120 of February 19, 2024 has amended several other articles related to parental responsibility.
Parental responsibility definition:
According to the French civil law article no 371-1, parental responsibility is a set of rights and duty aiming to protect children’s rights.
In France, parental responsibility is then divided into 2 different categories:
- Day-to-day parenting: day-to-day decisions are made by the person who is looking after the child and they don’t have to be agreed with each person with parental responsibility. For example: re-enrolling the child for the next school year.
- Important decisions: important decisions in a child’s life must be agreed with anyone else who has parental responsibility. For example: religious education of the child.
Sharing pictures of your child(ren) on social media is considered as ‘important decisions’. The French civil law says that the other parent must agree on posting pictures of the child.
Going back to this new civil law article, parents must now get consent from their child(ren) to post pictures of them on social medias. The law also says that parents must involve their child(ren) in important decisions regarding their maturity and age.
To sum up, parents could be punished and have their rights to share pictures of their child(ren) removed ‘if the dissemination of the child’s image by both parents seriously affects the child’s dignity and moral integrity.
If you’re struggling with parental responsibility, book an appointment with one of our social media lawyers.
social media lawyer
Sharing images of your child(ren) on social media must be agreed with anyone else who has parental responsibility
What is parental responsibility?
Parental responsibility means the legal rights, duties, powers, responsibilities and authority a parent has for a child and the child’s property.
A parent who has parental responsibility has the right to make decisions about their care and upbringing.
Who has parental responsibility?
In France biological parents have parental responsibility.
However, it’s possible for other people to obtain or have parental responsibility.
What are parental responsibility duties?
If you have parental responsibility, you must:
- Protect and maintain the child(ren): looking after their safety, providing a home, feed them, providing medical treatment
- Choosing and providing for the child’s education
- Managing the child’s assets
The father of my child and I are married. Do we both have parental responsibility?
Yes!
If the father is registered on the child’s birth certificate, he will automatically have parental responsibility.
If not, he won’t automatically have parental responsibility.
The father of my child and I are divorced. Do we both have parental responsibility?
Yes, but there are some exceptions.
In France, parental responsibility for separated parents remains in place and the other parent must include you when making important decisions about the child(ren)’s life.
Parental responsibility remains in place whether you’re getting a divorce, ending your civil partnership or cohabitation.
However, parental responsibility can be lost with a court’s decision.
In France, how parental responsibility is divided?
In France, parental responsibility is divided into 2 different categories:
- Day-to-day parenting: day-to-day decisions are made by the person who is looking after the child and they don’t have to be agreed with each person with parental responsibility. You don’t always need to get consent of the other parent for routine decisions.
- Important decisions: major decisions in a child’s life must be agreed with anyone else who has parental responsibility.
social media lawyer
Sharing images of your child(ren) on social media must be agreed with anyone else who has parental responsibility:… Next
In France, what is day-to-day parenting?
There is no definition as such within the French law.
French courts define day-to-day parenting as basic decisions such as:
- Issuing a passport for the child
- Re-enrolling the child for the next school year
- Consent for school trips
In France what are major decisions?
There is no definition of major decisions as such within the French law.
If it’s a major decision, both parents with parental responsibility must agree in writing.
Examples of major decisions:
- Consent form for a child to travel abroad
- Health issues
- Change of citizenship
- Religious education: A typical example of a French court’s decision is that a mother cannot request from her child’s school to ban pork from the child’s menu without getting consent from the father as she knew he didn’t agree.
Can I share pictures of my child without the other parent’s consent?
No!
You cannot share pictures of your minor child(ren) without the consent of the other parent.
Courts decisions are very strict on this matter.
Courts consider posting pictures to be a major decision.
For example, the Court of Versailles served an order to a mother for her to stop posting pictures of her minor child following the father’s petition.
Can I share pictures of my child with the other parent’s consent?
Yes and no!
The law of February 19, 2024 includes several articles related to protect child’s image rights. Basically, the French law is saying that it comes to the parents to protect their child(ren)’s privacy.
On the other hand, if you have the consent of the other parent, you can share pictures of the child(ren).
social media lawyer
Parental disagreements related to sharing pictures on social medias
My ex has posted some pictures of our minor child on social medias without my consent. What shall I do?
Posting pictures of you child(ren) on social medias is considered as a major decision. Both parents must agree.
Without any agreement or consent, you can petition the court. It also can be helpful to report it to the Gendarmerie or Police.
Which court shall I petition regarding this matter?
You must petition the family court.
What type of sanctions the court can take?
The family court can serve an order to:
- Stop posting any pictures of a minor child to the failing parent
- Remove any online posts
- Remove any social media post with a €250 fine for each post online.
My ex shared pictures of our minor child on social media without my agreement. How to evidence it in Court?
No evidence has to be served by the parent who didn’t give consent.
Petitioning the court to stop your ex from posting or removing any pictures of your child on social medias is therefore quite easy.
social media lawyer
Dealing with issues relating to parental responsibility and ‘image rights’
What are ‘image rights’ in France?
France has strong image right and personality right laws.
Please note that under UK law there is no such thing as an “image right” or “personality right” because UK law does not recognise the concept of “image rights”.
The term ‘image rights’ is used to refer to an individual’s proprietary rights in their personality and the ability to exploit, and to prevent unauthorised third parties from making use of a picture if they didn’t give consent to use this picture.
How to allow your minor child ‘image rights’?
Parents or third parties with parental responsibility agreement is required.
Therefore, parents must agree and give consent in writing. There is no exemption.
With several children on a picture, each parent with parental responsibility must agree and give consent in writing.
A picture of our minor child has been posted without our agreement. What shall I do?
You must get in touch with the individual who posted the picture asking them to remove the picture.
If the individual refuses to remove the picture, you can ask your family lawyer to write a formal notice. Without any reply to the notice, you can petition the court.
Shall I petition the family court to get a picture removed?
No!
A family court in France only deals with parental responsibility issues.
You must petition a civil court as it’s a matter of PR and ‘image rights’.
What are the sanctions for ‘image rights’ violation?
You can seek compensation when it comes to ‘image rights’ violation of a minor child.
In France, are there criminal sanctions for ‘image rights’ violation of a minor child?
Yes!
If a video or a picture of a minor child is taken in a private area without the consent of both parents, the individual can face criminal sanctions such as a year of imprisonment and a €45K fine.
social media lawyer
Posting pictures of a minor child on social medias
Can I post a blurred picture of my child?
Yes!
If you don’t have the consent of the other parent to post a picture of your child, you can blur their face.
Blurring their face makes it simple to anonymise faces in your pictures.
In such situation, the other parent’s consent is not required.
What is a parenting plan?
A parenting plan is a written agreement to support co-parenting approach that covers the practical needs for a child.
Is it possible to include a clause in the parenting plan related to posting pictures of your child on social medias?
Yes!
Within a parental plan you can include a clause for either forbidding posting pictures of your child or to allow it.
This clause will prevent you from disputes between you and your partner or to petition the court.
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