Faced with the excesses of some parents, who excessively expose their children on social networks, often without their consent, the National Assembly adopted on Monday March 6 at first reading a bill aimed at better protecting their image rights. The text, carried by the Macronist deputy Bruno Studer (Renaissance) and supported by the government, was adopted unanimously in a rare consensual climate in the hemicycle. It must now be considered in the Senate.
It introduces the notion of the child's "private life" into the definition of parental authority in the Civil Code, to emphasize the duty of parents to respect it. And specifies that the right to the image of the minor is exercised jointly by the two parents taking into account the opinion of the child.
If there is disagreement between parents, the text provides that the judge can prohibit one of them "from publishing or distributing any content without the authorization of the other".
In serious cases of violation of dignity, the text opens the way "to a forced delegation of parental authority", giving the possibility to a judge to entrust the exercise of the right to the image of the child to a third.
This law aims to "empower parents", but also to show minors that "parents do not have an absolute right over their image", argued MP Studer.
According to figures cited by parliamentarians and the executive, a child appears on average "out of 1,300 photographs published online before the age of 13" and "50% of the photographs which are exchanged on child pornography forums had initially been posted by parents on their social media.
Certain images of children can lead to "cyberbullying" or to "compromising their credibility for future school or professional applications", also underlined the Minister of Justice Éric Dupond-Moretti, who gave his support "with strength and conviction to the text.
The latter is an extension of a law on "child influencers" passed in 2020 by Parliament, already supported by MP Studer, to regulate the hours and income of minors whose image is broadcast on platforms. video.
