Journal of Digital Technologies and Law (Jul 2024)
Social and Legal Risks of Sharenting when Forming a Child’s Digital Identity in Social Networks
Abstract
Objective: to determine the legal consequences of sharenting as an activity that threatens the fundamental rights of minors, putting their privacy at risk.Methods: the study is based primarily on the analysis of European and American experience of legislative regulation, which is presented in a comparative-legal aspect, using doctrinal approaches and concepts reflected in scientific publications on the topic. This contributed, among other things, to the critical understanding of the identified risks and helped to describe the existing legal approaches and formulate proposals aimed at protecting the minors’ privacy in social networks.Results: the impact of social networks on the rights of minors was studied, in terms of their negative influence, possible risks and the spread of social conflicts. The main provisions of the legislation of Spain, France and the USA were analyzed in order to identify the key points regarding the activities of minors in social networks and the Internet, the need for them to express their consent to the publication of personal information. The most common conflicts caused by sharenting were described, as well as possible flexible legislative solutions to disputes concerning family relations and social networking activities. Suggestions were formulated for resolving conflict situations and digital identity issues arising in abusive sharenting.Scientific novelty: the study summarizes various scientific opinions and legal approaches to sharenting as a new phenomenon, which is rapidly developing due to the wide popularity of social networks and Internet activity of children and their parents, generating socio-legal conflicts.Practical significance: the research shows that minors are particularly vulnerable in the information and telecommunication environment. In many cases, excessive disclosure of their personal data occurs not only because of their own actions, but also because of the actions of their family members, usually parents. A comparative legal study of the adopted legislative measures and their interpretations in the legal doctrine allows characterizing the current legal situation with regard to minors in the digital space as fragmentary and proposing legislative approaches and solutions to avoid or minimize possible conflict situations and risks, such as digital harassment or privacy violation, which may arise in the process of further technological development and the spread of sharenting.
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