Er, You May Want to Think Twice Before Posting That Adorable Baby Picture on Social Media

Mother snaps photos of Baby doing typical Baby-things and being cute. Then Mother uploads the pictures to Social Media website. To share Baby’s cuteness with friends and family wherever they may be

As practically every mother – and father – everywhere does these days. All the time.

What’s the harm?

Well, the answer to this question may depend upon what country Mother and Baby live in – and how their laws are applied.

For example, France has new legislation criminalizing posting photos online without the subject’s permission. Maximum penalty: a year in prison and a fine of $48,000.

Does the law apply to a parent who uploads their minor child’s photo online?

That likely was not the intended target of the legislation.

But was it a foreseeable application?


Will French prosecutors mount a campaign to stamp out parental posting on social media.

Probably not.

But, arguably, they could.

And some commentators not generally prone to levity seem to be suggesting that French parents take that threat to heart.

The legislation in question is a privacy statute. In France.

The US, among other countries, has both statutory and case law to protect people’s privacy as well. Ditto various states.

Should Americans take this implied threat of prosecution to heart?

Time will tell.

A secondary question may represent a more realistic threat: can a family court judge consider parental posting behaviors regarding a child into account in timesharing and parental decisionmaking rulings?

Absolutely. And if a parent’s photo-posting behaviors strike a judge as excessive or inappropriate, the consequences could be nearly – or just – as painful to a parent as a jail sentence or hefty criminal fine …

Read more in this Good HouseKeeping article: Moms Could Be Sent to Jail for Posting Pics of Their Kids on Facebook .