Social networks: the notion of “private life” soon to be added to the Civil Code to protect children

Social networks the notion of private life soon to be

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    Like all individuals, children also have the right to their privacy. However, parents, whether they are influencers or not, expose their children on social networks. The National Assembly has therefore adopted a bill aimed at protecting children who are overexposed by their parents. The opinion of Dr Stéphane Clerget, child psychiatrist in Paris.

    Social networks have some good sides, but also a darker side, especially for children who are very often exposed by their parents, whether in photos or videos. To frame these practices, the deputies adopted a new bill.

    Right to “private life”

    This bill, adopted on March 6, aims to protect the image rights of these children, overexposed by their parents via social networks. Carried by the deputy of the majority Bruno Studer, it must now be examined in the Senate.

    In the case of an adoption by both chambers, the notion of the child’s “private life” will be added to the definition of parental authority in the Civil Code. The image rights of a minor child will therefore be exercised by both parents, taking into account the opinion of the child. If one of the two parents expresses a disagreement, a judge may possibly prohibit the other from “post or distribute any content without the permission of the other parent”.

    While this bill has just been passed by the deputies, the Minister in charge of Small and Medium-Sized Enterprises, Trade, Crafts and Tourism Olivia Grégoire was photographed in her kitchen for the magazine Paris Match, on February 15th. A publication that can make you cringe when you know that she appeared with her daughter Romy aged … 14 months.

    Make parents responsible for the dangers of child pornography

    If the legislator takes up the problem, it is to counter several scourges. In addition to regulating the infringement of the child’s image rights, the law aims to “empower parents”.

    Indeed, according to the figures quoted by the deputies, a child exposed by his parents appears on average “out of 1300 photographs published online before the age of 13“. More frightening, “50% of the photographs that are exchanged on child pornography forums were initially published by parents on social networks.

    Renaissance MP Bruno Studer also added in his bill the possibility of a “forced delegation of parental authority” for parents who exceed a certain limit.

    What are the consequences of such exposure for these children?

    Doctissimo interviewed Dr Stéphane Clerget, child psychiatrist in Paris. First of all, he welcomes the position taken by the public authorities on the issue: “it was time for a law to be put in place to combat this phenomenon, because there are different disadvantages to the exposure of these children“explains the specialist. “First of all, they feel that their image does not belong to them, but belongs to their parent. This does not promote true autonomy and disrupts the child’s sense of belonging. It’s like it belongs to everyone“says the child psychiatrist.

    “Overexposure to social networks promotes cyberbullying. The child may also have the feeling of being loved for his staging and not for himself. The consequences are also deleterious from a learning point of view, because the time spent on video is less time to do something more constructive for the child Finally, what is posted on the internet never really disappears: it can therefore be detrimental to the child when he is looking for work or his reputation as an adult. I really invite parents to ask themselves a question before sharing this type of content: what interest does it have for the child ?” concludes the specialist.


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