Social networks: the Assembly votes to protect children's image rights

Europe 1 with AFP 7:41 p.m., March 6, 2023

The National Assembly adopted on Monday at first reading a bill aimed at better protecting the image rights of children in the face of the abuses of certain parents who expose them excessively on social networks.

The text, carried by the Macronist deputy Bruno Studer (Renaissance) and supported by the government, was adopted unanimously in a rare consensual climate in the hemicycle.

It must now be considered in the Senate.

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The notion of the child's "private life"

The text introduces the notion of the child's "private life" into the definition of parental authority in the Civil Code, to underline the parents' duty to respect it.

And specifies that the right to the image of the minor is exercised jointly by the two parents taking into account the opinion of the child.

If there is disagreement between parents, the text provides that the judge may prohibit one of them "from publishing or distributing any content without the authorization of the other".

In serious cases of violation of dignity, the text opens the way "to a forced delegation of parental authority", giving the possibility to a judge to entrust the exercise of the right to the image of the child to a third.

This law aims to "empower parents" but also to show minors that "parents do not have an absolute right over their image", argued MP Studer.

A child appears on average in half of the photos on child pornography forums

According to figures cited by parliamentarians and the executive, a child appears on average "in 1,300 photographs published online before the age of 13" and "50% of the photographs which are exchanged on child pornography forums had been initially published by parents on their social networks.

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Associations denounce abuses, such as those of family "vlogs" (video blogs) kept by parents racing for "likes" by exposing the privacy of their children, sometimes in search of advertising revenue.

Until resorting to degrading stagings, such as those of the "Cheese Challenge", viral on TikTok, consisting of throwing a slice of melted cheese in the face of a baby and filming his reaction.

Certain images of children can lead to "cyberbullying" or to "compromising their credibility for future school or professional applications", also underlined the Minister of Justice Eric Dupond-Moretti who gave his support "with strength and conviction" to the text.

The latter is an extension of a law on "child influencers" passed in 2020 by Parliament, already supported by MP Studer, to regulate the hours and income of minors whose image is broadcast on platforms. videos.