Italian courts set compensation rules for unauthorized photos of minors

Italian law requires explicit consent from both parents before publishing a photograph of a minor. The Supreme Court (Cassazione) has clarified that any use of a child's image without such consent—whether for charitable, religious, or commercial purposes—constitutes an unlawful act and entitles the child’s representatives to monetary damages. The Court introduced the “price of consent” as an objective parameter for calculating compensation, applying it even to non‑profit organisations.

The data‑protection authority (Garante per la protezione dei dati personali) has also issued orders prohibiting further processing of minors’ images when consent from both parents is lacking, reinforcing the need for parental agreement in sharenting practices. Violations can result in injunctions to cease the use of the images and may include financial reimbursement for moral and patrimonial damage.