As part of her occupation as a social media influencer, a mother posted photos and videos of her daughters, aged 4 and 5, on social networks, despite their father's objection.
The Court dismissed the motion due to the mother's inherent authority as the girls' guardian. Pursuant to the provisions of the Israeli Legal Capacity and Guardianship Law, parents are the natural guardians of their children, and they must act by mutual consent in all matters subject to their guardianship. In the absence of consent, they must apply to the Court, which will decide in the best interests of the minor. However, there are decisions regarding day-to-day matters that are ancillary to a parent's authority when the minor is in their custody, for which joint consent is not required. Thus, as a general rule, not every ordinary posting of minors’ pictures by their parents on social media constitutes a fundamental decision requiring the prior consent of both parents. Here, the mother regularly posted photos and videos of her minor daughters on social networks in everyday situations, including as part of her occupation as an influencer. Hence, the mother's right to photograph and post pictures of her daughters on social media should not be sweepingly restricted, even within the framework of her occupation, except when it involves a disproportionate infringement on their privacy, such as nude photos.