Children’s Privacy Rights, Social Networking, and the Media: Possibilities and Limitations of (Criminal Law) Protection

Abstract

Living in modern times has various advantages, but the protection of privacy is not one of them. Today, we are surrounded by technologies that make our lives easier in everyday task management and entertainment; however, they also increase the risk of privacy violation, by collecting and potentially sharing our personal data. Parents and family very often post photos, videos, and stories of their children online. This is called ‘sharenting’. By doing so, especially in the absence of consent from the children, they violate children’s privacy. It does not necessarily mean they will be legally responsible for such behavior, though Indeed, their—right to—privacy is protected from violation by other people, media and press. However, if parents violate the privacy of their—underage—children, as with ‘sharenting’, in Croatia, the children do not have the right to protect themselves, unless it constitutes a criminal offense. Whereas they do have the right to privacy and its protection, it is not from their parents. This problem of media violation of privacy rights is juxtaposed with the freedom of expression. Therefore, this study aims to reveal the legislative and practical implications of this issue in everyday life, addressing: 1. the violation of children’s privacy rights by media and press; and 2. the violation of children’s privacy rights by their parents or family through ‘sharenting’ on social networking sites.