A photo of a child online. It is worth asking: whose keepsake is it?

Posting photos of children is not prohibited. However, the law recognizes a difference between a single holiday photo viewed by a grandmother and a few friends, and a public account where we show the child’s school, emotions or problems every day. It is worth checking for ourselves which side of this boundary we are on—calmly and without guilt.

An attorney who has helped hundreds of people find their way through situations in which an ordinary citizen comes face to face with the law reassures us.

“We do not blame anyone; we simply learn to assess the situation,” says attorney Tomasz Weigt. “Posting photos of children online has become commonplace. Parents show their first steps, birthdays, holidays, school performances, funny situations and sporting achievements, and sometimes also illness, crying, parenting problems or family conflicts. It may seem that since a parent took the photo, they can publish it freely. From a legal perspective, however, the matter is not so simple,” the attorney explains.

A child, just like us, has the right to privacy, protection of their image, dignity and safety. Therefore, we should consider what may be published. The matter becomes even more complicated when the other parent objects or when publication may harm the child’s welfare.

Do both parents have to consent to posting photos of a child online?

Family law does not contain a provision that expressly states that posting a child’s photo online always requires the consent of both parents. The specific situation must therefore be assessed.

“Posting an ordinary, neutral family photo within a private circle may be treated as such a minor act that one parent’s decision is sufficient,” Tomasz Weigt advises. “A public, widely accessible, regular or commercial post, or one that reveals intimate information about the child, should be assessed differently. These are situations in which the other parent’s consent is significant,” says Weigt, listing situations in which the other parent’s consent will be required:

  • photos or videos are published publicly, rather than only to a small circle of friends
  • the parent runs a profile, blog, channel or account that earns money from content featuring the child
  • the publication reveals the child’s home address, school, preschool, route home or other information making it easy to identify the child
  • the photo shows the child in an embarrassing, medical or humiliating situation
  • the child is being used instrumentally in a dispute between the parents
  • the other parent has expressly objected to the publication
  • the child themselves, especially if older, does not want the photo or video to be available online

Sharenting, a new word for an old issue

A name has even been coined for the phenomenon of posting photos of children online: sharenting. It is a blend of two English words—“share”, meaning to share, and “parenting”, meaning parenthood. Parents have always wanted to share their joy: to show a first tooth, a first step or a performance at preschool. Only the venue has changed—from the family album to a screen seen by more people than we could ever have imagined.

“We are talking about a situation in which parents regularly share photos, videos and information about their children online,” the attorney explains. “Not every such publication is immediately unlawful. The problem begins when a publication ceases to be an innocent keepsake and starts violating the child’s privacy or causing conflict between the parents. One family holiday photo visible only to a limited circle of friends is different from a public account where a parent shows the child’s everyday life, problems, school, illnesses or emotions, or uses the child’s image to promote services or products,” says Tomasz Weigt.

What if the other parent disagrees?

This question comes up most often, and the answer is not as black and white as it might seem. In short, it depends on what we publish and where. This is not about whether the mother or father is right. It is about ensuring that the child has as much privacy online as we would want for ourselves.

If you feel that something has gone too far, you do not have to deal with it alone. The law is not intended to punish, but to help. Does limiting the audience improve the situation? It is the simplest step to take.

“Limiting the visibility of posts reduces the risk, but does not eliminate it,” the lawyer warns. “A ‘private profile’ often means several hundred people, including former friends, colleagues, distant family members or people with whom one has no real contact. Any of them may take a screenshot or forward the photo. Therefore, when posting a child’s photo, one should not rely solely on privacy settings. The more important question is whether that particular photo should appear online at all,” the attorney explains.

Legal protection of a child is not a war

In a conflict with the other parent, it is worth seeking professional support. Mediation, speaking with a lawyer and, as a last resort, family court are the next steps intended to protect the child. They should be treated as tools, not weapons.

“In practice, the most important criterion is the child’s welfare,” says Tomasz Weigt. “A parent may think that a photo is ‘nice,’ ‘funny’ or that ‘everyone does it.’ That is not enough, however,” the lawyer says, advising parents to ask themselves several simple questions before publishing:

  • Will the child be embarrassed by this photo in a few years?
  • Could the publication expose the child to ridicule by peers?
  • Does the photo reveal too much private information?
  • Does it disclose information that could be used by strangers?
  • Is the parent publishing for the child’s benefit, or rather for their own popularity, reach or emotional satisfaction?

“The internet does not forget,” says the attorney. “Even if a photo is deleted, someone may have downloaded, copied or forwarded it earlier. For an adult, one publication may be a temporary post. For a child, it may become part of their digital identity for many years,” adds Tomasz Weigt.

How to post photos of a child responsibly?

  • The safest approach is to follow several practical rules
  • Agree with the other parent on rules for posting photos, especially after separation
  • Ask an older child whether they consent to publication
  • Set the audience as narrowly as possible
  • Regularly delete old photos that should no longer be available
  • Do not publish photos of other children without their parents’ consent
  • Always ask yourself: “Will my child resent me in a few years for showing this?”

What should be regulated after the parents separate?

In divorce proceedings, cases concerning contact or parental authority, it is increasingly worth considering rules governing the child’s presence online as well. Parents may agree that they will:

  • not publish photos of the child without mutual consent
  • not publish photos publicly, but only within a private circle
  • not tag the child’s location
  • not publish information about school, health, therapy or family conflicts
  • not use the child’s image commercially
  • remove a photo at the other parent’s request if it harms the child’s welfare
  • Such arrangements may be included in a parenting agreement. Sometimes this helps avoid many future conflicts.

The most important rule is simple: a child has their own privacy. Parents should protect it, not exploit it. The internet makes publishing easy, but it does not release us from responsibility for the content we publish.

In the event of a conflict, it is best to first secure the evidence, demand removal of the material, report the violation to the platform and, in more serious cases, consider filing an application with the family court or pursuing claims for protection of personal rights. At the center of every decision, however, should be not what the parent wants to show, but what is safe and beneficial for the child.

CONTACT

Tomasz R. Weigt Law Office

Daszyńskiego 12/1
59-700 Bolesławiec
Poland

Telephone: (+48) 75 732 61 91
Mobile tel. 601 563 996
Tel. (English) 601 225 208
Fax (+48) 75 732 61 91

Office hours

Mon–Fri: 9:00–15:00
Sat–Sun: closed

We invite you to contact the law office by telephone between 9:00 and 15:00 and arrange an individual meeting (also after 15:00).