Family selfie.

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Parents can post photos of their kids without consent — but do they want to?

May 01, 2019 - 4:00 am
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By Amy E. Feldman, Judge Technology Solutions

PHILADELPHIA (KYW Newsradio) — Could Gwyneth Paltrow's daughter sue her for sharing a photo?   

After Gwyneth Paltrow shared a selfie with her 14-year-old daughter, Apple Martin, on her Instagram feed, Apple wrote in the comments section, "Mom we have discussed this. You may not post anything without my consent." 

In the U.S., 92% of 2-year-olds already have an online presence, and a London School of Economics study found that counterintuitively, parents who say they're concerned about privacy are actually more likely to share images of their kids online. 

So, do kids have any legal rights to prevent their so-called "share-ents" from posting photos of them?  

While there are laws protecting children's online privacy from marketers, there's no law that limits a parent's right to post information about a minor child, and courts often put a higher value on the interests of the parent in exercising control over the minor than in the rights of the child, according to Stacey Steinberg in an article called "Sharenting: Children's Privacy in the Age of Social Media." 

Legal or not, do you remember how much you hate it when someone posts an unflattering photo of you? Or one that could get the attention of a creeper? Yeah, think before posting.