فاطمه چاجی

Advances in technology and advancing in the digital age and cyberspace have led to the emergence of new rights for individuals. One of the new issues is the right of children to be photographed in cyberspace; where children - as one of the most vulnerable sections of society - are exposed to all kinds of victimization through the violation of their rights. In this regard, it is necessary to protect children and make protective laws due to being in an unequal situation. Dissemination of children's images due to persistence in cyberspace causes much harm to children. Invasion of privacy, affecting their right to self-determination, sexual abuse of images, violation of the right to mental health and psychological damage are among the effects of abusing children's image rights; which are all against his interests. The present study seeks to provide legal solutions by examining the importance of the status of this right and its violations and by using descriptive-analytical method and comparative approach. Findings indicate that the systematization of cyberspace along with the close supervision of governments requires performance guarantees in case of violation; This vacancy is clearly visible in the domestic legal system of Iran.

Today, the growth of new technologies in the field of media, especially the emergence of social networks, has accelerated the process of obtaining information and then spreading it. One of the topics that people pay attention to on social networks is the life of famous people. Undoubtedly, one of the important parts of these people's lives is their children, and the media tries to publish news about them due to people's interest in knowing about the children of famous people. Famous people, as the parents of these children, have invoked their children's privacy, and the media also have the right to express information freely. Considering the conflict between these two rights, the main question is, which one is preferable? To answer this question, the authors have identified four perspectives with the help of a descriptive-analytical method. In the opinion of some, the privacy and interests of the child are preferred, and a group of people resort to the value of freedom of speech and consider disseminating information about famous people to ensure public interests. Another group differentiates between the type of fame and the type of place. Still, a group in theory called balance seeks to provide criteria that the judge can establish a balance between the right to privacy and freedom of expression in each case using these criteria. In Iranian law, while both rights are recognized, there is no explicit statement regarding the conflict between them.