Sharenting is a grey area because, as Suzanna Marazza explained, since it involves personal rights, no one can decide on behalf of the person concerned. "It is generally considered illegal to publish pictures of children or minors without their consent; however, the specifics can vary depending on the circumstances. Additionally, minors may be able to give valid consent if they possess the capacity to understand the implications of their decision".
The protection of children’s rights underwent significant changes between the 1990s and the early 2000s, particularly with the implementation of the UN Convention on the Rights of the Child and the introduction of divorce laws. During this period, children transitioned from being predominantly subordinate to parental authority to having their own rights. With regard to sharenting, Suzanna Marazza calls for thoughtful and conscious reflection, which always places the child’s well-being, understood both as psychological well-being and in a developmental sense, at the centre. "Any legal representative of a child must prioritize the child’s well-being, making it essential to consider what benefits the child gains from the publication of his or her images online".
