“In the age of digital media, images of children appear more and more on websites, fanpages and social networking platforms of educational institutions. Innocent, adorable photos can help promote the school’s image, but they also pose a potential risk of invading children’s privacy and safety if used without parental consent. When children’s images become a tool for the purpose of enrollment advertising, how should the boundary between educational media and commercial exploitation be viewed from a legal perspective?”
Let’s analyze a real situation below with MSc. Nguyen Huu Long to find a complete solution both logically and emotionally.
Summary of the actual case (The Case)
At International Kindergarten X, Ward B, Province C, on the occasion of organizing extracurricular activities, teachers took many close-up images of the faces of children participating in play.
Some time later, Nguyen Gia H’s parents suddenly discovered that their child’s image appeared on the school’s official Facebook Fanpage, accompanied by the content of advertising for the new school year’s enrollment. Images are used to run paid ads to reach a wide range of users on social media.
The family said that they had never signed a written consent for the school to use their child’s image for advertising purposes, nor was they notified in advance that the image would be publicly posted on the Internet.
Parents ask the school to remove all images, publicly apologize and compensate for emotional damage if the use of images affects the legitimate rights and interests of children.
Meanwhile, the school said that posting images to introduce the learning environment has absolutely no bad intentions and this is a communication activity that many educational institutions are still carrying out.
So is it illegal to use images of children to advertise enrollment without parental consent?
Legal perspective – “Solid shield”
Individual’s rights to images
“Article 32. Individual’s rights to images
Individuals have the rights to their images.
The use of the individual’s image must be consented to by the person.
The use of other people’s images for commercial purposes must be paid to the person having the image, unless otherwise agreed by the parties.
The use of the image in the following cases does not require the consent of the person who has the image or his/her legal representative:
a) Images used for national, ethnic or public interests;
b) Images used from public activities, including conferences, seminars, sports competitions, art performances and other public activities without damaging the honor, dignity and reputation of the person having the image.
If the use of images violates the provisions of this Article, the person having the image may request the Court to issue a decision to compel the violator, relevant agencies, organizations and individuals to revoke, destroy or terminate the use of the image, pay compensation for damage and apply other handling measures as prescribed by law.”
According to the provisions of Article 32 of the 2015 Civil Code, individuals have the right to their images.
The use of the individual’s image must be consented to by the person; For children who do not have full civil act capacity, the consent shall be made through their parents or legal representatives, unless otherwise provided for by law.
Clause 3, Article 32 also stipulates that if the use of images infringes upon the honor, dignity, prestige or legitimate rights and interests of the person having the image, the infringed person has the right to request the Court to forcibly stop the act, revoke or destroy the image, apologize, etc public rectification and compensation for damages.
The right to protect children’s private lives and personal secrets
According to Article 21 of the Law on Children 2016:
“Article 21. The right to privacy
Children have the inviolable right to private life, personal secrets and family secrets in the best interests of children.
Children are protected by law for honor, dignity, reputation, confidentiality of correspondence, telephone, telegram and other forms of private information exchange; to be protected and against unlawful interference with private information.”
Thus, children have the right to protect their private lives, personal secrets and family secrets.
The collection, storage, use or disclosure of children’s information must be in the best interests of children and must be agreed by parents or guardians in accordance with law when necessary.
At the same time, Clause 11, Article 6 of the Law on Children 2016 also prohibits the act of disclosing and disclosing information about children’s private lives and personal secrets in contravention of the law.
Responsibilities of educational institutions in protecting learners
According to Clause 3, Article 69 of the 2019 Education Law, teachers are responsible for protecting the legitimate rights and interests of learners.
In addition, Clause 1, Article 89 of the Law on Education 2019 stipulates that educational institutions are responsible for building a safe and healthy educational environment, ensuring the legitimate rights and interests of learners.
That means, all communication activities of the school must also put the rights and interests of children first.
In simple words, taking photos of children in educational activities does not mean that the school is free to use that image for advertising or commercial purposes.
Apply to the situation
In comparison with the above situation, teachers taking photos of children in learning and playing activities to store internal documents or professional reports is not prohibited by law.
However, when the school uses close-up images of children’s faces to run enrollment ads on Facebook, this is an activity for the purpose of communicating and promoting the image of the educational institution.
If the child’s parents or legal representatives have not previously consented to the use of the image for this purpose, the school’s behavior shows signs of inconsistency with Article 32 of the Civil Code 2015 and regulations on the protection of children’s rights.
In case the posting of images also reveals personal information, learning location or data that may affect the safety of the child, the level of violation will be more serious, and the school may have to take remedial measures in accordance with the law.
Legal conclusion
Through analysis, it can be seen that the right to images is a moral right protected by law, especially when the subject is a child. The use of children’s images by educational institutions for the purpose of enrollment advertising must be done on the basis of the consent of parents or legal representatives, and at the same time ensure that they do not infringe on the privacy, honor and legitimate interests of children.
If the school arbitrarily uses the child’s image to serve communication and advertising activities without legal consent, it may be required to stop the act, remove the image, publicly apologize and compensate for damages if it arises according to Article 32 of the Civil Code 2015. at the same time, it must ensure the proper implementation of the provisions of the Law on Children 2016 and the Law on Education 2019.
In an educational setting, each beautiful photo of a child is only really meaningful when used on the basis of respect for moral rights and family consent.
Perspective of Psychology – Education – Governance – “The Key to Humanity”
Psychological perspective
For parents, suddenly seeing an image of their child appear in an advertising campaign on social networks without being consulted often creates feelings of anxiety, loss of trust, and violation of their child’s right to make decisions. What they care about is not just a photo, but also the question: How much of my child’s information is still protected by the school?
For children, images posted on the Internet can last for a very long time. If unintentionally shared, edited, or used for other purposes, children are at risk of facing psychological, honorable, and information security effects when they grow up.
Educational perspective
Modern education not only teaches children digital skills but also must start from respecting their privacy. Each educational institution should consider the protection of personal data and students’ images as part of a culture of professional conduct, contributing to building sustainable trust with parents.
Management perspective
The incident reflects a gap in school communication management and marketing.
To prevent risks, schools should:
Promulgate regulations on the use of students’ images with a clear scope, purpose and deadline.
Only use the child’s image after obtaining the written consent of the parent or legal representative.
Limit the posting of close-up photos, identification information or data that can identify the identity and location of the child when it is not really necessary.
Establish a media content moderation process before publishing and clearly assign the responsibilities of each department.
Periodically review and remove images that are no longer necessary or that risk affecting children’s privacy.
An effective communication strategy must not only help attract learners, but must also be built on the foundation of respect for the law, professional ethics and children’s rights.
Comprehensive solution of Expert Nguyen Huu Long
The arbitrary use of student images for advertising purposes without permission is not only a communication error, but also an act of infringing on children’s moral rights and data security.
Immediate crisis response: Schools must not be indifferent to parents’ reactions. The first action should be to “delete and correct the error” — immediately remove the post, meet with the family to apologize, and review the media department. If the incident has caused honor or psychological losses to the student, sitting down to negotiate compensation and remedy the consequences in good faith is the most civilized way to behave before pushing the matter into complex legal disputes.
Redefining the boundaries of data security: It’s time for schools to stop thinking about student images as “free media resources.” School administrators need to establish a strict set of data governance rules. All filming, photography and posting activities must be based on a consent form signed by parents at the beginning of the school year. Raising legal awareness for teachers about children’s privacy is the most effective brake to prevent unnecessary legal risks in cyberspace.
Expert Nguyen Huu Long’s message:
“Each photo of a child not only captures an innocent moment but also contains moral rights protected by law. Educational communication is only truly valuable when it is built on the consent of families, respect for children’s rights, and the professional responsibilities of each educational institution.”
EXPERT PERSPECTIVE:
This article is based on the professional consultation and advice of MSc. Nguyen Huu Long – Expert in Leadership, Legal, Psychology & Education. With a multi-disciplinary integrated mindset, we not only provide a solid legal shield but also provide comprehensive risk management and psychological empathy solutions for the sustainable development of the community.
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