25/10/2025
Reminders on Posting children on Social media:
In the Philippines, posting photos of children online is primarily governed by the Data Privacy Act of 2012 and Republic Act No. 7610 (Special Protection Against Child Abuse, Exploitation, and Discrimination). The DPA requires consent for processing personal data like photos and videos, while RA 7610 specifically prohibits the public sharing of identifying information of child victims of abuse. Parents are expected to act in the child's best interest when deciding to share their images online.
Key laws and their implications
Data Privacy Act Of 2012 (Ra 10173): This law treats photos and videos as personal data. It requires that processing this information (like posting on social media) be done with lawful consent, a legitimate purpose, and adherence to principles like transparency and proportionality.
Republic Act No. 7610: This act is crucial for the protection of children, especially in cases involving abuse, exploitation, or discrimination. It explicitly states that the identities of child victims of abuse, witnesses, or children in conflict with the law should not be shared publicly in any manner.
Consent is necessary: For children who are not victims of abuse, parents or legal guardians must provide consent to post their pictures online, as this falls under the DPA's requirement to protect personal data.
Child's best interest: Even with consent, parents should always consider their child's best interest when deciding what and when to post photos online.
Potential legal penalties: Violating the DPA can result in administrative fines and criminal penalties. Sharing information about child abuse victims can lead to further legal consequences under RA 7610.
