Risk management
Parents are acting within the boundaries of their parental authority when sharing images of their children, but in doing so they are consenting on behalf of the children and becoming their ‘privacy guardian’. Parents are given this role because they are deemed to be acting in the ‘best interest’ of their children when considering their privacy boundaries.
It is important for parents to understand the responsibility of this ‘best interest’ right for the child and consider it fully when posting their children’s images or videos.
This could involve more informed decision-making around the filming of specific activities and/or types of content. The home is generally a safe space for children to be able to relax, play, and learn in a supported environment and children may feel betrayed or upset over the sharing of intimate fragile moments. Children should have the ability to be upset, learn basic skills, relax, and play, all without fear of the world seeing all of those moments and them being available forever.
Parents could consider the impact this would have on the child’s current and future self, as well as considering whether they would have wanted those moments of their childhood shared with the world at large. This is even more critical when sharing sensitive personal or medical information about the child, which they may not want people to know and attach to them permanently.
Consent may be difficult to obtain for early years content, and children may not understand the implications of sharing activities, so parents really do need to act as the privacy guardian here and perhaps consider ways to blur or pixelate the child, or film them in ways that they cannot be identified etc. Where brands are involved with the family, the child’s consent and/or privacy considerations could be explored within more robust contracts relating to the content provision.