The Abu Dhabi Civil Family Court has issued a groundbreaking ruling, believed to be the first of its kind in the UAE, that mandates parents to completely refrain from publishing their children’s photographs or personal data on social media platforms and to remove existing content that could harm the children’s best interests. This decision, stemming from a dispute between a divorced couple with joint custody of their two young daughters, signals a significant shift in how digital privacy is perceived and enforced for minors in the region, with potential far-reaching implications for influencer culture and parental responsibilities online.
The judgment, delivered on June 9th during a public hearing, originated from a case involving a father and his ex-wife, a prominent social media influencer, both residing in the UAE. The couple’s divorce was finalized in Germany in July 2025, with joint custody awarded for their ten-year-old and five-year-old daughters. The father, represented by Byron James, partner at Expatriate Law, petitioned the court to prevent the mother from "exploiting the minor children in her custody through digital platforms," including any commercial or promotional use. He sought an order to remove or conceal the children’s identities in publicly available content and to prohibit the creation of social media accounts or digital profiles in their names without the consent of both parents or the court’s explicit approval.
The court’s decision was not solely based on the consent arguments presented by the father. Instead, it was firmly rooted in the UAE’s Child Rights Law, commonly known as the Wadeema Law, which provides comprehensive protection against all forms of child exploitation and guarantees their right to privacy. Furthermore, the ruling underscored the fundamental principle enshrined in Abu Dhabi’s civil family regulations: that the child’s best interests must be the paramount consideration for parents, especially in the aftermath of a divorce.
A Question of Consent and Parental Conduct
The Abu Dhabi court found that both parents had "failed to adhere to proper conduct" in relation to their children’s online presence, acknowledging that both had posted images of their daughters on social media. Consequently, the court issued a directive for each parent to abstain from any activity that could potentially harm the girls, compromise their psychological well-being, or "prejudice their future prospects." This prohibition explicitly includes the publication of photographs or personal data on social media. The judgment carries a stern warning: any breach of this order could result in severe consequences, "extend[ing] to imprisonment or removal from joint custody."
Byron James, in his comprehensive 25-page memorandum to the court, argued the case on several grounds, including the children’s right to privacy and the issue of their commercialization. He highlighted a critical legal nuance in the UAE: photographing someone without their consent is a criminal offense. This principle, James argued, becomes even more complex when applied to children. "Can a child consent? No," he stated to Spear’s prior to the ruling. "So if a child cannot consent, then on what basis are you taking a picture of them and putting it online?"
James elaborated that children lack the capacity to provide informed consent because they are unable to fully comprehend the far-reaching implications of online publication. In situations where parents are separated, he contended that one parent cannot unilaterally provide sufficient consent for such actions. The court, in its wisdom, acknowledged these concerns and expanded upon them by invoking the Wadeema Law and the overarching principle of prioritizing the child’s best interests. The court articulated that the girls are "children whose privacy, bodily integrity, reputation and safety must be protected" and that they should not appear in any content that is "contrary to the natural norms of preserving good morals."
Broader Implications and Global Context
This landmark ruling in Abu Dhabi is poised to have significant ramifications that extend far beyond the immediate parties involved. The UAE has been proactive in regulating digital content, having been among the first countries globally to introduce mandatory influencer licensing in 2017. More recently, a new federal media law, effective from February of this year, requires anyone publishing promotional content online within the UAE, whether paid or unpaid, to obtain a permit from the National Media Authority. As the registration deadline approached in January, the regulator reported that over 1,800 advertiser permits had been issued, underscoring the growing commercial landscape of online content creation in the Emirates.
Byron James views this judgment as a transformative development. In a LinkedIn post following the verdict, he declared, "The law is finally asking the question the child cannot: who gave you permission?" He emphasized that this ruling directly impacts "every influencer parent. Every ‘family vlog’. Every child whose face is content before they can spell their own name."
The Abu Dhabi decision arrives amidst a global surge in legislative efforts to address "sharenting"—the practice of parents sharing their children’s lives online. In Europe, courts have previously ordered the deletion of children’s photographs. A Dutch court in 2020 ruled against a grandmother for posting her grandchildren on Facebook without parental consent, finding it a breach of GDPR, which in its Dutch implementation requires guardian permission for images of children under 16. However, the penalty in that instance was a relatively modest €50 per day fine.
France has emerged as a legislative frontrunner in this domain. In 2020, it enacted the world’s first child influencer law, and in 2024, it formally incorporated children’s image rights into its Civil Code. This legislation empowers family judges to prohibit a parent from posting images of a child without the other parent’s consent and, in cases where a child’s dignity is severely compromised, to partially revoke parental authority.
In the United States, the approach has varied across states, with some focusing on child labor laws. Illinois, California, and Minnesota have enacted legislation requiring parents to place a portion of earnings from monetized content featuring their children into trust funds. Tennessee’s similar legislation is set to take effect in July 2026, with over a dozen other states considering related bills. In contrast, England currently lacks dedicated legislation on this matter, requiring parents to seek specific issue orders through the courts if they object to the other parent’s online postings.
A Global Parenting Challenge
For legal professionals like Byron James, the fundamental challenge lies in the cross-border complexities of digital sharing. "What happens if parents are in different countries? What happens if you take your child on holiday and you post pictures of your child whilst you’re in another country? What law regulates that?" he questioned. Ultimately, James posits that this issue is intrinsically linked to children’s rights. "Is it a breach of a child’s rights of privacy to have their images published online without their consent?"
The impact of this ruling is likely to resonate internationally. James noted that he has been contacted by numerous lawyers globally seeking to understand the implications. "This isn’t just a UAE issue. It’s a global issue and I think it’s a global parenting problem."
Spear’s is currently seeking comment from the legal representatives of the mother in this case. This article will be updated should a response be received. The ruling in Abu Dhabi serves as a potent reminder of the evolving legal landscape surrounding digital privacy and the imperative to protect the fundamental rights of children in an increasingly interconnected world.
