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Sun-Sentinel: What happens when parents go beyond sharenting?
So many parents routinely share photos and news about their kids on social media that the behavior has a name: sharenting. Usually harmless and well-meaning, it can also take a dangerous turn, exposing children to online predators, allowing companies to collect personal information and creating pathways for children to become victimized by identity theft. The risks are most pervasive when parents overshare to profit from their social media accounts. Whenever parents share, they are the gatekeepers, tasked with protecting their children’s information, but they are also the ones unlatching the gates. When parents profit from opening the gates, it is especially challenging to balance protecting their kids’ privacy against sharing their stories. Federal and state laws typically give wide deference to parents to raise their children as they see fit. But the state can and does intervene when parents abuse their children. Those laws protect children in the physical world. However, few laws shield children when parents risk harming them online. Let’s consider this hypothetical situation based on a composite of real-life events. Mia (fictional name) is a 7-year-old girl growing up in Orlando. Her mother is a stay-at-home parent who has a public Instagram account and considers herself an influencer. Many lingerie brands pay Mia’s mom to model their clothing. When a lingerie company from overseas offers Mia’s mom some money to have Mia also pose in their clothing, Mia’s mom says yes. Over the next few weeks, Mia and her mom model the clothing together in pictures and videos, sometimes wearing the outfits while reading together in bed, having pillow fights or being playful around the house — always in clearly intimate but arguably appropriate settings. Mia’s mom’s social media page explodes with new followers, many of whom appear to be grown men. The images on the page receive hundreds of likes and multiple comments. Mia’s mom deletes the most inappropriate comments but leaves others, hoping to increase engagement. As Mia’s mom’s social media following grows, so does the amount of money she earns. Mia tells her teacher about the social media page. Her teacher reaches out to Mia’s parents, to no avail. Mia’s mom keeps sharing. The teacher sees this as a potential form of abuse and neglect and, according to her obligation as a mandatory reporter of abuse, she calls in a report to the state’s central abuse registry. The teacher isn’t trying to get Mia’s mom in criminal trouble, but she thinks the family could use some education surrounding safe social media use and possibly access to financial support if they need this type of online exposure to pay the bills. The intake counselor declines to accept the hotline call. The counselor explains that the posting of pictures is not grounds for an abuse, abandonment or neglect investigation. The parent is sharenting, the counselor says, and that is within a parent’s right. Of course, child sexual abuse material is illegal, but the photos posted by Mia’s mom fall into a gray area — not illegal material, but likely harmful to Mia. Should there be a law to stop this? I believe there should be. Just as our views regarding child abuse have evolved, so must our views on sharenting. Merely 150 years ago, it was legal for parents to beat their children. It wasn’t until 1874, when a little girl named Mary Ellen was beaten severely by her caregiver, that courts began to step in. Drawing from existing laws prohibiting animal cruelty, the Society for the Prevention of Cruelty to Animals argued that Mary Ellen had the right to be free from abuse. At the time, there were laws protecting animals from harm by their caregivers but no laws protecting children from such harm! Back to the present: Mia’s disclosure to her teacher could have changed her life and led to her family getting online safety help, if only the child welfare laws were suitably tailored to protect her in the online world as they attempt to do offline. Child protection laws should be expanded to include harms that can be caused by online sharing. The law can both protect parental autonomy and honor children’s privacy through a comprehensive and multidisciplinary new approach toward protecting children online — one that allows for thoughtful investigation, education, remediation and prosecution of parents who use social media in ways that are significantly harmful to their children. This conduct, which falls beyond sharenting, is ripe for legal interventions that reset the balance between a parent’s right to share and a child’s right to online privacy and safety. Stacey Steinberg grew up in West Palm Beach and now lives in Gainesville, where she is a professor at the University of Florida Levin College of Law; the supervising attorney for the Gator TeamChild Juvenile Law Clinic; the director of the Center on Children and Families; and the author of “Beyond Sharenting,” forthcoming in the Southern California Law Review. This piece was also published in the South Florida Sun-Sentinel.
