Want to post a family photo, or a photo with friends, that shows your child? Before you share it, here is what French law says, what the CNIL advises (France's data protection authority), and some good habits.
Updated October 5, 2026
A right for every child
Article 9 of the French Civil Code provides that everyone has the right to respect
for their private life. Image rights derive from it, and they apply to children as
well as adults: as a rule, you don't share a recognizable image of someone without
their consent. For a child, that consent belongs to those who hold parental
authority.
What the law has said since 2024
Law no. 2024-120 of 19 February 2024, which aims to guarantee respect for
children's image rights, made this right part of parental authority. The new article
372-1 of the Civil Code reads (our translation):
“Parents jointly protect the image rights of their
minor child, with respect for the right to private life mentioned in article 9.
Parents involve the child in exercising their image rights, according to the child's
age and maturity.”
The same law added the child's private life to the duties of parental authority
(article 371-1). When parents disagree, the family court judge can forbid one parent
from sharing content about the child without the other parent's permission (article
373-2-6). And if parents sharing their child's image seriously harms the child's
dignity or moral integrity, the judge can hand the exercise of that right to a third
party (article 377).
Both parents' consent
According to the CNIL, “publishing photographs of children, particularly on social
networks, is a non-routine act that requires the consent of both parents”. Posting a
photo of your own child therefore already means agreeing as a couple, and involving
the child according to their age.
What about other people's children?
French law has no separate rule for group photos: every recognizable child in the
photo has the same image rights, exercised by their own parents. That's why schools,
clubs and holiday camps ask for written permission before publishing a photo.
So before posting a photo in which other children can be recognized, you need, as
a rule, their parents' consent. When you can't ask everyone, the simplest option is to
make those children unrecognizable, and leave only your own
visible.
Private messaging or social network
Rather than a social network, the CNIL recommends that you “prefer sharing via
secure private instant messaging apps”. But even in a private group, the class or club
chat, a photo can be saved and forwarded: it's best if it only shows what everyone
agreed to show.
Good habits
- Hide your child's face: the CNIL advises you to “hide your
child's face (by taking a photo of your child's back, or adding an emoji to his or her
face, etc.)”.
- Agree as a couple, and involve your child in the decision,
according to their age.
- For other people's children, ask their parents, or mask their
faces too.
- Prefer private messaging to a public social network.
- Remove the location from the photo: among the risks, the CNIL
lists what a photo can reveal about a child's places and habits.
To do it in practice, see our guide on
how to hide a child's face in a photo.
Smile & Tap does it in one gesture
Every face is masked right away, you show the adults with one tap, and your
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Sources
- French Civil Code, article 372-1 (Légifrance, in French), in force since February 21, 2024.
- Law no. 2024-120 of 19 February 2024 on children's image rights (Légifrance, in French).
- French Ministry of Justice, “Droit à l'image de l'enfant : quelles sont les obligations des parents ?” (in French), updated April 27, 2026.
- CNIL, “Sharing photos and videos of your child on social networks: what risks?”, updated November 28, 2025.
This page summarizes public texts to help parents. It is not legal advice.