With impeccable timing, while Chiara Ferragni and Fedez have begun to hide the faces of their children on social networks (after years of public exposure), a bill arrives in the Chamber of Deputies aimed at protecting the right to the image of minors and to fight against that sharing. Entitled “Provisions concerning the image rights of minors”, the document was presented by Europa Verde and signed by the honorable Angelo Bonelli, Luana Zanella, Elisabetta Piccolotti and Nicola Fratoianni. The introduction to the text is based on the obvious: “Every day, millions of images and videos directly or indirectly concern minors.” A constantly increasing phenomenon which raises concerns particularly with regard to the risk of commercial exploitation of the image of minors and the associated risks, starting with child pornography, as explained in Open also by lawyer Laura Cossar, specialized in the rights of minors.
What does the bill provide?
The proposal includes three articles. The first proposes modifications to law no. 112 of 2004 concerning the radio and television system and Rai, in order to guarantee better protection of boys and girls under 14 years of age in the event of the dissemination of content on digital platforms. It provides for the establishment of a mandatory declaration to Agcom by parents or those exercising parental authority. In the event of monetization of the image of minors, it is proposed that the winnings be deposited into a bank account in the name of the minor, inaccessible until the age of 18. The possibility of withdrawals is only provided in exceptional cases, authorized by the judicial authority. This last aspect is linked to fears linked to commercial exploitation. Speaking about the commodification of childhood, during the presentation of the law to the chamber, the journalist Serena Mazzini – particularly active on the subject – provided a large collection of data on the subject. A structured survey of more than 100 profiles of Italian and Portuguese influencers, cited in the bill, which highlighted how content focused on children has an interaction rate approximately three times higher than that of content solely highlighting featured parents.
Digital oblivion
“In many cases – denounce the deputies of Green Europe – there is no respect for the body and the will of the minor who, among other things, will find themselves confronted with a digital archive of their life built on hundreds of contents who he has not chosen to share and comments from strangers that he will have to rationalize.” In this context, the proposed law provides that companies that plan to involve minors in advertising campaigns influencer marketing they must request authorization from their parents and must inform Agcom. Article 2, however, concerns the right to be forgotten digitally: as soon as they reach the age of 14, minors can request the removal from search engines of content published online before this age. Article 3 aims to update the self-regulation code for television and minors, in accordance with the provisions of the new law. Finally, the text also provides for the issuance of a decree from the Prime Minister containing provisions and guidelines for photo and video sharing platforms, in order to raise awareness of the consequences of the dissemination of the image of minors and to guarantee the protection of their personal data. .
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