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Even with the consent of both parents, photos or videos of a child published in public must not degrade the honor and dignity of the child, according to a press release from the Child Rights Protection and Adoption Service.
The consent of the parents (or other legal representatives of the child) and the child is required
The use of the image of a child without the consent of the child and at least one of his representatives in accordance with the law will be considered a violation of the child’s right to the image, enshrined in the Law on Public Information of the Republic of Lithuania . This law directly guarantees the child’s right to image and privacy through the public disclosure of information.
Parental consent to photograph or film a child does not imply that they have consented to the child’s image being made public and / or provided to others. The published image of the child must be known to the parents or their legal representatives. It should also be specified to whom the image will be used.
If one of the parents disagrees
With the consent of one of the child’s legal representatives, the other parent who does not consent to the use of the child’s image has the right to demand the cessation of actions related to the use of the image. If the other parent or a third party does not agree to end such actions, the person who does not agree with the use of the child’s image has the right to go to court, demand the termination of the actions related to the use of the image and seek compensation for material and non-pecuniary damage caused to the child.
The child’s right to privacy in a public place
Even children in a public place do not lose their privacy and individuality, so the will of the owner of the image and / or the child’s parents (guardians) regarding the conditions of capturing the image or its use. Therefore, if bystanders photograph minors, and such photographs do not capture the overall picture, but can clearly see the children, their faces, the parents may first warn the photographer that they do not consent to the child being photographed and ask that such photographs are destroyed.
The right of parents to protect the best interests of the child
If it happens that the child’s right to image is violated, parents or other representatives of the child have the right to go to court in accordance with the law and demand the cessation of actions that violate the child’s right to image and a compensation for damages. In such a case, compensation can be claimed not only for material damage but also for non-material damage.
Advertising is prohibited even with parental consent.
The law on the protection of minors from the negative effects of public information unconditionally, that is, even with the consent of the child or other legal representatives, prohibits the publication of a picture of a minor in the context of negative social phenomena if the Information from the posted video identifies a minor.
This law also establishes an unconditional prohibition in the media to disseminate information that has a negative impact on the development of minors in relation to personal data, that is, it prohibits the dissemination in the media of personal data of minors that degrade their dignity and / or violate their interests.
Parents must act responsibly
Responsibility for images of children posted on a public Internet space rests primarily with the child’s parents or other legal representatives, and may be subject to administrative liability for irresponsible use of a child’s image.
Before uploading a child’s image to social networks, it is important that the child’s parents or others are aware of the above legal responsibilities, carefully choose the social networks where the child’s image (photo, video) will be published, the nature of a particular photo or video, evaluate if it is really necessary. publish and for what purpose and, if possible, identify a group of social network users who will be able to see the child’s image.
It’s a good idea to post “inferior” photos online, or photos that may have watermarks or mosaic style, or prohibit copying and other measures available to prevent photo plagiarism.
Children can only be photographed and filmed dressed appropriately. They are not to be ridiculed or otherwise degraded in honor and dignity. It is also necessary to evaluate the impact that a photo or video can have on the growth and change of personality of a child. It is advisable to ask the child herself if she is capable of formulating it, if she agrees and wants her photos or videos to be made public on the Internet. In cases where the opinion of the child differs from that of the parents, the best interests of the child should be a primary consideration. Therefore, when posting photos (images) of a child for social purposes, parents must act responsibly and must first take into account the best interests of the child.
There is a risk of legal liability
A person who has published an image (photo, video) of a minor in the media and violates the aforementioned legal provisions may incur civil liability, that is, the obligation to compensate for the damage caused to a minor whose right The image has been violated, as well as administrative responsibility for the dissemination of public information that negatively affects the development of the minor.
It is strictly forbidden to use the information published by DELFI on other websites, in the media or elsewhere, or to distribute our material in any way without consent, and if consent has been obtained, it is necessary to indicate DELFI as the source.
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