The rise in the use of social media led to the term ‘sharenting’ being coined in 2010. It’s a blend of the words ‘sharing’ and ‘parenting’ used to describe parents who post a large amount of content about their children. Instead of filling scrapbooks or diaries, more parents now turn to sites like Facebook and Instagram to document their child’s lives. Whilst it may seem a harmless concept, not everyone agrees with it, including some children themselves.
Are there any laws against sharenting?
There is little to no specific legislation on the issue but whether there will be in future remains to be seen.
In 2020, a Dutch court declared that a grandmother’s sharenting was illegal under European Union bylaws as she had posted media of her grandchild online without the parent’s consent.
The French Parliament also debated the world’s first anti-sharenting bill in 2023 with the aim of making parents more responsible for protecting their children’s privacy. Bruno Studer, the politician who proposed the bill, raised his concern that once an image is posted, it is almost impossible to control where it may end up. Many parents may only share photos to mark special occasions like birthdays or Christmas, but there are concerns social media influencers post photos of their children as part of paid adverts or simply to gain likes and followers. The French legislation could prohibit parents from posting pictures on social media, especially those doing so as part of paid promotions.
Is posting a photo of my child really a problem?
In March 2023 the BBC shared interesting statistics that the average child has their picture shared online 1,300 times before they are 13 – an age when they aren’t usually even authorized to have their own social media account. More than half of parents also admitted to sharing an image of their children online, 91% of which did so before their child was 5.
The BBC’s ‘Newsround’ previously covered the topic of sharenting in 2017, carrying out a survey of 10 to 12 year olds who used social media. More than 1 in 4 of those children said they felt embarrassed, anxious, or worried when their parent’s posted photos of them. A later vote in 2023 revealed that 53% of participants were in favour of sharenting being banned.
Whilst sharing a family photo online may not itself be an issue, these statistics bring into question whether there need to be stricter rules about the information parents share. They also raise concern that children should be consulted when photos of them are posted, depending on their maturity and age.
Why is this a family law issue?
Often, separating parents will disagree on parenting styles and whilst the court is not there to enforce parenting methods, they can step in to ensure both parents are prioritising a child’s wellbeing.
If you are concerned about your ex-partner posting photos of your child online, you can try to agree certain boundaries and include these within a child arrangements order. If the posts are particularly detrimental to your child, a prohibited steps order might be needed to specifically prevent a person from posting.
It is important to note that family proceedings are highly confidential so any content posted about the proceedings is prohibited by the court and there can be grave consequences in the event of a breach.
At E J Coombs, we understand that disputes between parents can be complex, especially when dealing with parenting styles. If you have concerns about content being posted of your child or need assistance with a child arrangements order then get in touch today to speak with one of our solicitors.
