Cut the cameras: the case for limiting parents’ rights to share audio-visual material of their children in Kenya

Abstract

It has been reiterated that children are one of the most vulnerable groups of people in the world and should be protected by all means. However, parents all around the world are increasingly posting both long and short form content of their children, some with the intent to simply document their growth and others for economic reasons. The long-standing belief that parents have a monopoly over the lives of their children, therefore have freedom to do with them as they wish has heavily influenced the situation as is, with many parents believing that it is within their rights to post audio-visual material of their children. While the potential harm that this may bring might be invisible at first, there are real challenges that could come out of such exposure. Unfortunately, the law as it stands in many countries including Kenya has no provision for the protection of the rights of children when it comes to situations like these. This study, through an in depth analysis of case law and scholarly work, will shed light on the potential harms of sharing of audio-visual material of children to find that there should be limitations to parental rights when it comes to exposure of children. The work will do this through the creation of a two part test which will be used to examine the necessity and possible consequences of the exposure, through which the possible limitation of parental rights will be implemented in line with the best interest of the child principle. Through the application of the test, a balance between the ‘superior’ rights of the parents over the child and the child’s privacy will be struck.

Key words: Audio-visual material, exposure, best interests of the child, harms, limitation of parental rights.