Letting your minor child use TikTok may be negligent in their custody, according to a ruling in Spain



"I let my son do whatever he wants with his cell phone, I don't know about that." How many times have you heard a similar statement? Well, has it ever occurred to you that you might lose custody of your child because of what he does (or, rather, you let him do) on TikTok or social networks like that?



Pablo Duchement, computer science teacher and judicial expert, explains on your Twitter account that a favorable judgment to his client, dictated yesterday, "creates jurisprudence on negligence in custody that involves allowing the use of TikTok by minors".




The bottom line is that if a minor misuses TikTok, either behind the father's back (for lack of vigilance) or with his consent, "it can be considered negligent conduct. [e] it may even entail a revision of its regime. "For Duchement, this is a




"great news for the safety of minors: parents do not want to learn based on information, they will do it with sentences".








The legal puzzle of uploading photos of minors to the Internet: what happens when parents disagree





When is your minor child's use of TikTok 'improper'?



But, When is the use of TikTok by a minor 'improper'? To answer that, it must be taken into account that TikTok makes it clear in its conditions of use that its social network is intended for adults, with very specific exceptions. Let's review them:



  • Under 13 years: Access to TikTok is prohibited by the conditions of use of this network. Without exceptions.


  • Under 14 years: Even if TikTok could allow exceptions in this case, it also requires compliance with the laws of each country ... and in Spain The Organic Law on Protection of Personal Data prohibits access to this class of platforms before turning 14.


  • Between 14 to 16: At this age, both TikTok and LOPDPDD leave the door open to registering as a user ... provided that you have the consent of both parents prior to account creation. But they must register indicating real age, which will allow the network to relegate them to 'the restricted area'. That is, "without messaging, without being able to comment, without being able to search and without being able to publish their own content."


  • Between 16 to 18: As in the previous case, although TikTok yes it would grant them access to the messaging functions.


So, if your child is using TikTok regardless of these limitations, it is because has lied in the account creation form. Ergo, you are misusing the network. And, in Duchement's words,




"If you allow it or do not monitor their activity by putting the means so that it does not happen (or eliminating the means so that it happens) ... Your Honor could have something to say about it."