For posting on Facebook, Instagram and other social networks the photos of the minor children need consent of both parents.
This was established by the court of Mantua in a sentence in favor of a separated father who had asked the former partner to remove and publish the photographs of the minor children on Fb. The Court, in fact, held that the inclusion of photos of minor children on social networks, despite the opposition of one of the parents, is prohibited for three reasons: it is a violation of the 'protection of the image' provided for by article 10 of the civil code, which prohibits the publication of photos and images without the consent of the entitled person; it is a violation of the Privacy Code which protects the confidentiality of personal data; is a violation of articles 1 and 16, paragraph 1, of the New York Convention on the Rights of the Child: "no child shall be subject to arbitrary interference in his private life, his family, his home or his correspondence, nor of illegal attacks on his honor and reputation ”and that“ the child is entitled to the protection of the law against such interference or such attacks ”. Beyond the violations of laws, what is the real risk of the publication on social networks of photos portraying minor children? They can be saved and then used by malicious people, also through photomontages, as child pornography material widespread especially in the Deep web, the 'hidden' part of the Internet. To understand, the Deep web, or Dark web, is a hidden world about 550 times larger than the 'visible' web, the one on which we generally surf and characterized by search engines, information sites and social networks, for example. Instead the Dark web is a 'free zone' also used by pedophiles and pedophiles in almost perfect anonymity and that the police of the world struggle to control. Already last June, Antonello Soro, Privacy Guarantor, highlighted the phenomenon in the Report to Parliament on the activity carried out in 2016 by the Guarantor for the protection of personal data: "The Authority undertakes to carry out the important function guarantee assigned to it by law, in the awareness of both the objective technical difficulties and the need for adequate resources for the new tasks. On the other hand, according to recent research, child pornography on the net and, particularly in the dark web, would be in dizzying growth: in 2016 two million images were registered, almost double compared to the previous year. An involuntary source would be the social networks in which parents post pictures of their children ", reads page 12 of the text of the speech given by Soro at the Chamber of Deputies, in the presence of the President of the Republic, the President of the Chamber of Deputies, and ministers and representatives of Parliament, institutions, the business world and trade associations. And the same Guarantor for Personal Data Protection intervened in March with a measure ordering a woman to remove from her Facebook page two sentences, on the cessation of the civil effects of marriage, in which they were reported delicate aspects of family life that also affected the underage daughter. “A post on Facebook is never really reserved for 'friends' only, even if it is published on a 'closed' profile.