Çocuğun Kişilik Hakkının Ana-Baba Tarafından Sosyal Medya Aracılığıyla İhlalinin Hukuki Görünümü

Abstract

In the face of the ever-changing everyday life of the digital age, all elements of social life are left behind. There are not enough legal arrangements for disputes caused by everyday life practices that are constantly evolving at different points. Esra Gültekin 104 Çocuk ve Medeniyet 2018/1 Because of the unpredictability of the development in this area, it is not possible to bring about preventive measures; on the contrary, after the disputes are made, necessary arrangements are made. Especially the increase in the use of social media has caused many legal problems. Within the scope of our work, the legal aspects of parental child sharing in social media are discussed. In these exchanges, there is a conflict between the interests of the parents and the child. On one side of the confrontation is the parent’s ability to overcome the child’s right of personality and authority. On the opposite side, there is freedom of expression of the parents. In this conflict, it is inevitable that the freedom of expression, which is an area of freedom protected by the constitution, is limited to certain criteria. In addition, the provisions of the Turkish Civil Code to protect the personality of the infringing child’s rights and parental responsibility can be applied. In addition, some sanctions may also be applied to children under the Child Protection Law.