the National Assembly votes to protect the image rights of children

The National Assembly adopted on Monday March 6 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.

>> Social networks: three questions on “digital majority” at 15, which establishes compulsory parental consent

It introduces the concept of “private life” of the child in the definition of parental authority in the Civil Code, to emphasize the duty of parents 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 the parents, the text provides that the judge may prohibit one of them “to publish or distribute any content without the authorization of the other”.

“Making parents responsible

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 child’s image rights to a third party. This law aims to “empowering parents” but also to show minors that “Parents do not have an absolute right over their image”argued the MP.

According to figures quoted by parliamentarians and the executive, a child appears on average “of 1,300 photographs published online before the age of 13” And “50% of the photographs that are exchanged on child pornography forums were initially published by the parents on their social networks”.

Some images of children may lead to “cyber harassment” or at “compromising their credibility for academic or professional applications” future, 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 “children influencers” voted in 2020 by Parliament, already supported by MP Bruno Studer, to regulate the hours and income of minors whose image is broadcast on video platforms.