The Legal Framework of Sharenting: Protecting Children's Rights in the Digital Age

Abstract

“Sharenting”—the practice of parents sharing images, videos, and personal information about their children on social media—has become a widespread phenomenon in the digital age. Sharenting involves the voluntary disclosure by parents or guardians of images, videos, or personal narratives involving their children. Studies suggest that by the age of five, a child may have thousands of images posted online, often without their consent. These digital traces are permanent, searchable, and potentially exploitable, creating concerns over identity theft, cyberbullying, and loss of control over personal data. While often perceived as a harmless form of online expression or documentation, sharenting raises significant legal and ethical concerns, particularly regarding children's rights to privacy, consent, and digital autonomy. This paper critically examines the current legal frameworks applicable to sharenting, with a focus on international instruments such as the United Nations Convention on the Rights of the Child (UNCRC), the General Data Protection Regulation (GDPR), and evolving jurisprudence in European, international and national contexts. It also explores the absence of clear legal boundaries for parental conduct online and the legal implications when a child’s digital identity is created without their informed consent. The paper identifies regulatory gaps and the lack of enforceable safeguards for children in the context of parental oversharing. Finally, it proposes recommendations for a more child-centric legal approach that balances parental rights with the evolving rights of children in the digital era. Policy recommendations include updating laws, helping parents understand the risks of oversharing, and teaching children how to protect their personal information online. By adopting a child-centered legal approach, societies can uphold the principle of the best interest of the child and ensure that the digital environment is a safe and respectful space for younger generations.

Received: 20 April 2025 / Accepted: 2 June 2025 / Published: 25 June 2025