As a result of the growing presence of digital technologies, in recent years we have seen an increase in the sharing of personal information online. When parents release information about their children, they often do so without their consent. In cyberspace, this personal information can be viewed and shared without the knowledge of the persons concerned (Grenier and Sapp, 2009, p. 314). A birth, a soccer game, a behavior problem, a birthday… Anything can become an excuse to share the life of one’s children. This phenomenon of sharenting, amalgamation of words share, for sharing, and parenting, for parenthood, is not without consequences for the rights of the child, including the right to privacy, which must be protected by parents.
According to the author of the book Growing Up Shared, Sharon B. Steinberg, this dual role of parents offers children little protection as their online identities evolve and create a form of conflict. Children could one day be uncomfortable because of the information that was, years earlier, shared by their parents on the Internet.
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In Quebec, the Charter of human rights and freedoms also applies to children and grants everyone the right to safeguard their dignity, honor and reputation, as well as respect for their privacy. According to the Supreme Court, the protection granted to privacy aims to guarantee a sphere of individual autonomy in relation to personal decisions. There is also a violation of this right when an image is published without the consent of the person and the latter can be recognized in the photo. This right to privacy must be put in parallel with other fundamental rights, in particular, in this case, the freedom of expression of parents. In addition, under civil rules, every child has the right to the protection, safety and attention of his parents. All decisions that concern him must be taken in his best interests.
As the holder of parental authority, the parent has the right to post photos of their child on social networks, but they should avoid compromising their image, interests and privacy. Indeed, online photo sharing should include a form of moral obligation to act sparingly, valuing the safety and well-being of the child.
At present, Canadian case law is not abundant enough to offer clear guidelines on the question of this “over-sharing”. As with all digital issues, the perspective to take should not be judgmental or overwhelming. A speech without nuances does not take into account the real benefits that social networks can provide to parents today, if only to more easily give news of their children to those around them. The feedback received is often beneficial to parents, and even children, in the event the sharing involves artistic works, athletic performances, or other positive events. However, despite these good points, a framework must be defined so that the risks of compromising the child’s privacy are avoided.
In this regard, Professor Steinberg offers some solutions. First, parents should familiarize themselves with the site’s privacy policies by selecting a specific audience for certain posts such as a “private group” or adding a password for a private photo. Then, parents who post frequently to their children can set their notifications to be alerted when their child’s name appears in a search result. Additionally, parents should consider sharing the content without exposing their own names, children’s names, or even the actual location. When the child’s capacity for discernment allows it, parents should prioritize listening to and obtaining their child’s opinion as to the limits not to be crossed, thus promoting the child’s feeling of autonomy, respecting their consent and developing positive self-esteem.
Finally, to avoid any criminal consequences, parents should refrain from sharing photos that show their children partially or completely undressed, in swimsuits for example. Even if this last tip seems obvious, it would be easy to find photos in our own newsfeeds that do not respect this basic guideline.
In short, digital screens are now part of family life, and it is important to make conscious and thoughtful use of them.
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