Posting photographs of your children on social media will not have been an issue when you were a couple. However, it can be challenging to resolve after separation. This article sets out the law around this area and considers what you can do.
Certain matters connected to the child require the consent of all those holding parental responsibility. For example, changing a child’s school or surname or moving them to another country. However, parental responsibility does not address the issue of posting photographs of children on social media.
Communicating with your ex about posting pictures on social media
There’s always a chance to find a middle ground. Try to discuss the matter with your ex and devise a set of rules you are both happy with. Perhaps photographs or videos of the children may only be posted from each parent’s account, and no one else’s, or content can only be shared with a specific group of people from a shared friends list. Remember, compromise and agreement are always better than potentially spending months in court.
What if my ex won’t stop posting photographs on social media?
If you cannot agree on a set of ground rules, you can attempt to have any content posted by the other parent removed. Specific rules and regulations are unique to each social media platform, and you need to check to see what is allowable. You can also present an argument based on privacy laws.
Article 8 of the European Convention on Human Rights sets out private, family life, home, and correspondence rights. Therefore, it may be possible to argue that taking and posting photographs without permission could infringe on the child’s privacy.
There is a test to apply if you rely on Article 8, namely “whether, in respect of the disclosed facts, the person in question had a reasonable expectation of privacy”. Other factors include the nature of the activity being complained of, where it happened, and the absence of permission.
Data protection law could also provide a further course of action to prevent the publication of any images. Under the UK GDPR, “personal data” refers to information about an identifiable or identified person (the data subject). So, a photograph of an identifiable child will likely be considered personal data and caught by GDPR and the Data Protection Act 2018, which safeguards children’s data processing.
Whilst this legislation can be used to attempt to force social media platforms into removing images of your child, it is likely to be a lengthy. This is especially true if your ex persists in posting. It’s important to note that the court’s role in enforcing the GDPR and Data Protection Act is limited, and it may not be able to compel social media platforms to remove the images.
Can I apply to the court for a prohibited steps order?
Realistically, there is not much that can be done to stop your ex from posting photographs of your children. However, you can apply to court for a prohibited steps order. This is an order the court can make to prevent someone from doing the thing being complained about. However, this can be time-consuming and expensive, and the court may be reluctant to infringe on one parent’s right to feature their children on social media. It is unlikely to be successful unless you can show the court that it is affecting the child’s welfare or having any other detrimental effect. If the content causes distress, embarrassment, or compromises safety, the court may be more willing to intervene.
Remember, you’re not alone in this. Seeking legal advice can provide you with a clear understanding of your rights and options. It’s a step towards resolving the issue and ensuring your child’s well-being. Contact us today for your free initial appointment.