Introduction

What legal parameters should parents or guardians of prepubescent minor children be obliged to adhere to when uploading pictures or videos of their children?

This paper will explore concerns surrounding infringement of virtual privacy, bodily autonomy, consent, and undue enrichment. The mental health and psyche of children are major focal points in instances where their images are used to generate monetary value and to create content specifically targeted at entertaining and amusing adults. There is a need to recognise that such amusement is generally at the expense of the child and, commonly, without the knowledge or consent of the child concerned. Globally, there is a growing consensus that the digital footprints created for non-consenting children should be monitored carefully and regulated by legislative mechanisms.

Infringement of virtual privacy rights:

Children can be presumed to not have the language or capacity to communicate how they would prefer to be portrayed on social media platforms. This raises questions about the autonomy a child is obviously denied regarding the chosen presentation of their self-image. The most important aspect to consider is that a digital footprint is virtually permanent, and when anything uploaded online “goes viral,” it can be presumed to remain in the public domain permanently—for public consumption and manipulation (editing)—unless legal measures are taken to protect the content. The reality is that not all parents or guardians are aware of the truly long-lasting nature of the digital footprints they unwittingly create for their children.

Bodily autonomy and consent:

Due to the underdeveloped cognitive abilities of children and specifically prepubescent minors, their ability to consent is inherently invalid, yet their participation can easily be coerced. It is common knowledge that pedophiles and sexual predators often use social media platforms to connect with underage children to satisfy their base desires. Legislators, therefore, should be challenged to devise mechanisms that curb the overexposure of children to the internet. Parents and guardians should be made aware of the libelous nature of internet activity that exposes their children to preventable harm.

Undue enrichment and potential for exploitation:

The increasing monetary value of virality incentivizes some parents and guardians to create more and more outrageous, shocking, or intimate content in order to garner an audience so as to enrich themselves. Some jurisdictions have created legal mechanisms that ensure that a protected fund is created from the earnings of the child that is placed on the world stage. However, the notion that the child would naturally value monetary gain over the protection of their privacy is presumptuous.

Conclusion:

The eventual impact that social media will have on the human experience remains generally unpredictable. Therefore, legislators across the globe should consider the high potential for infringements of children’s rights. This paper highlighted the reasons for the urgency with which the laws protecting children should be updated to regulate the unfettered exposure of this especially vulnerable group.