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Do you know what consequences you can have when uploading an image of a minor on social networks? You must be careful with what you post, in this article we tell you what you need to know.

The right to image and privacy are fundamental rights that must be taken into account when uploading the photo of a minor to the networks since these are especially vulnerable people and with the capacity to act limited by law.

Is parental consent important?

effectively, in the case of children under 14 years, must have the consent of the parents who exercise parental authority. Nevertheless, the minor may also give his consent as long as he has completed more than 14 years and enjoy the necessary maturity.

So, What does the law dictate about uploading images of minors to social networks?

The Supreme Court establishes that “as long as the consent of the parents or legal representatives of minors is not mediated with the absence of the Prosecutor's Office, the diffusion of any image of these must be considered contrary to the legal order ”.

What if an agreement is not reached between the parents?

In this case, the judge can be urged to grant or deny the publication of the photos of the minor, the judge will decide according to the circumstances of the case and the interest of the minor.

What do I do if they upload a photo of my son without my consent?

If a parent checks that photos of their child have been uploaded without their consent, first you need to contact the person who has uploaded the content on networks, if no response is obtained, you can urge the judge and ask to withdraw them, equally, the judge will make the decision according to the interest of the minor.

What are the so-called "instapapis"?

The “instapapis” phenomenon is evolving more and more, It is about parents who use their minor children to create content on their social media profiles with the aim of achieving fame and media pull.. Because of the above, complicated situations are created for minors regarding their right to privacy.

In summary, the Supreme Court declares illegal any image of a minor that is uploaded to social networks without the consent of their parents, Thus, remember to think twice before uploading photos of little ones on your networks. If you have further questions, consult a specialist to advise you correctly on the subject..