Who's Right?Can you post photos of your kids on social media?
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In short
In France, it isn't banned, but both parents must jointly protect their child's image rights and involve the child according to age and maturity. If they disagree, a judge can bar one parent from posting without the other's consent.
Both sides
I post photos of Lina because I'm proud of her and my family lives far away. They're sweet moments, nothing embarrassing: a birthday, a trip to the park. My account is public, but I don't have that many followers. Everyone does it, and I don't see why I should hide my daughter like she's a secret.
Lina is four, she can't tell us whether she's okay with it. A photo on a public account can be copied by anyone, and you never get it back. I'm fine with family seeing her pictures, just not strangers having open access. And above all, Claire posts without asking me, even though she's our daughter, not just hers.
The verdict
Claire's wish makes sense: sharing her daughter's moments with faraway family is an act of love. The problem isn't the photo itself, it's the public account and posting without talking it over. An image anyone can see is out of your control, even with few followers.
Sofiane has the stronger case. Since 2024, French law asks parents to protect their child's image together, and France's data protection authority (CNIL) strongly advises against posting, especially from a public profile. He isn't refusing all sharing, he's asking to decide as a team.
His stance would be even fairer if he offered a solution himself rather than just saying no. The real issue for this couple is agreeing on shared rules.
The compromise
Claire switches her account to private or removes Lina's public photos, and shares them in a family group on a messaging app instead. Before any new post, both parents agree first, and they'll ask Lina's opinion as soon as she's old enough to understand.
What the rules say
Since French law no. 2024-120 of 19 February 2024, the Civil Code states that parental authority includes protecting the child's private life (article 371-1). Article 372-1 says parents jointly protect their minor child's image rights, with respect for the child's privacy, and involve the child according to age and maturity. If the parents disagree, the judge can forbid one of them from posting any content about the child without the other's permission (article 373-2-6). If the parents' posting seriously harms the child's dignity or moral integrity, a third party, such as a family member, can ask the judge to be given control over the child's image rights (article 377). For its part, the CNIL, France's data protection authority, strongly advises against sharing photos or videos of your children on social media, especially from a public profile. It recommends getting the agreement of both the child and the other parent before any post, and notes that several court rulings treat posting such photos as a non-routine act that requires both parents' consent.
Sources:
- LOI n° 2024-120 du 19 février 2024 visant à garantir le respect du droit à l'image des enfants (1) (legifrance.gouv.fr)
- Partage de photos et vidéos de votre enfant sur les réseaux sociaux : quels sont les risques ? (cnil.fr)
- Lettre de la DAJ – Respect du droit à l’image des enfants : les apports de la loi du 19 février 2024 (economie.gouv.fr)
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General information, not legal advice.
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Frequently asked questions
Do I need the other parent's consent to post a photo of our child?
French law asks parents to protect their child's image rights together. The CNIL recommends getting the other parent's agreement before any post, and courts have already ruled that both parents must agree.
What if my ex posts photos of our child without my consent?
Start by asking them to take the photos down, in writing if possible. If you still disagree, the family court judge can forbid them from posting any content about the child without your permission.
Should I ask my child first?
Yes. In France, the law says parents must involve the child in decisions about their image, according to age and maturity. A teenager should definitely have a say.
Can a grandparent or friend post a photo of my child?
In France, a parent's permission is required for a minor. So relatives and friends should ask you before posting.
How can I share photos with family safely?
The CNIL suggests using private messaging, email or MMS rather than social media. If you do post, hide the child's face and limit who can see your account.
Guide Family disputes: the guide
Written with the help of AI, reviewed by the Who's Right team · This is not legal advice. How Who's Right decides
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