Authorization Of Images About Minors
The authorization to use images of minors, mainly on social networks, is an issue that is very current and, however, it is not easy to address. In the school environment, intense work is being done to educate minors about the dangers associated with the use of social networks and, particularly, of the photos that can be published.
Talks are held to inform children about the use of the internet and about the importance of protecting their privacy. And at the same time, many schools publish photos of their younger students without proper authorization.
It is essential to know what the Law says on this subject and how to act regarding the use of images about minors. Next, we will see some elements to be better informed.
The publication of images of minors on social networks has many nuances
Before publishing photos of minors, mainly on social networks or the internet, some aspects should be considered. And it is that, even if it is our own children, things are not so simple.
For example, it is not the same if the minor is under or over 14 years old. It is also not the same if both parents agree with the publication or if they do not.
Parents may think that they have the right to post images of their children on any technological device. But it’s not like that. Minors also have rights, and among them is the right to their own image, enshrined in article 18.1 of the Spanish Constitution.
In general, we can say that when both parents agree to the publication of a photograph of their child, there is no problem. The publication of images about minors is a matter of parental authority that, in most cases, is shared by both parents, whether they are married or not.
However, it is important to remember that the law also stipulates that the duty of parents is to protect their minor children. In this sense, it is essential that, when making or authorizing these publications, parents act with common sense and avoid overexposure of minors as much as possible.
On the other hand, it should be remembered that Spanish law stipulates that minors who have reached the age of 14 may authorize the use and publication of their own images. This is also an aspect that parents should consider and try to provide their children with as much information as possible about the risks associated with these publications.
The use of images of minors in Spanish legislation
Article 18.1 of the Spanish Constitution guarantees every person ” the right to honor, personal and family privacy and self-image . ” Organic Law 1/1996 also provides special legal protection for minors. It states that parents must respect these rights and protect them against possible attacks from third parties.
To avoid possible legal problems, it should also be taken into account that this Law also regulates the use of images of minors in the media. It has been stipulated that, if this use implies an illegitimate interference in the privacy, honor or reputation of minors, or is contrary to their interests, the intervention of the Public Prosecutor will be determined.
The Public Prosecutor will adopt the precautionary and protection measures, and will request the corresponding compensation. This will occur whenever the interests or honor of the minor is violated, even if the parents or legal guardians have previously given their consent.
Authorization for the use of images
When drafting an authorization for the publication or use of images of minors, some aspects must be taken into consideration. In the first place, it is necessary to clearly express the data of the person or persons who have parental authority of the minor.
Next, it is important to indicate to whom or to which institution the rights are transferred. You must also specify what uses the images will have. This will be done as clearly and precisely as possible, so there is no confusion. Finally, the authorization must contain the signature of the legal representatives, generally the father and mother of the minor.
