Digital influencers and the image right of their children: an analysis from the best interest of child

Abstract

The objective of this work is to investigate the recent phenomenon of the exposure of minors in social networks and on the internet through their parents who are digital influencers, evaluating, thus, the limits of this practice. In order to do this, a weighting is developed between the contrasting rights in the specific case, namely: on the one hand, freedom of expression and parental power, understood as a power-duty, and, on the other, the image right and the privacy of minors, always having the principle of the best interest as a compass to solve the conflicts that may arise from this situation, not excluding, a priori, the possibility of legal action in the specific case, as well as the intervention of the Public Prosecutor.