Below is a comprehensive discussion of the legal considerations, rights, obligations, and potential liabilities under Philippine law regarding posting a minor’s photos and chats on Facebook (or on other social media platforms). While there is no single statute that exclusively governs this specific act, there is a framework of various laws and regulations (including the Constitution, statutes, and issuances) that collectively protect minors in the digital space.

1. The Concept of a Minor Under Philippine Law

Under Philippine law, a “minor” is a person below eighteen (18) years of age. Minors are considered to have limited capacity to enter into legal acts by themselves. Therefore, decisions involving the minor often require the consent of a parent, legal guardian, or a person exercising “substituted parental authority” (e.g., grandparents in certain instances) under the Family Code and Presidential Decree No. 603 (Child and Youth Welfare Code).

2. The General Right to Privacy and Best Interest of the Child

2.1. Constitutional Right to Privacy

Article III, Section 3 of the 1987 Philippine Constitution guarantees the right to privacy. This right may extend to personal information, including photographs and communications of minors. Any act that substantially infringes upon a child’s right to privacy—especially if done without proper authority or justification—may give rise to legal or constitutional issues.

2.2. Best Interest of the Child

Under Philippine jurisprudence, the “best interest of the child” is always the paramount consideration when assessing legal matters that concern minors. This principle, also embodied in international law through the UN Convention on the Rights of the Child (ratified by the Philippines), underpins local statutes and guides courts, law enforcement, and agencies when addressing child-related controversies.

3. Key Philippine Laws and Their Implications

3.1. Special Protection of Children Against Abuse, Exploitation and Discrimination Act (R.A. No. 7610)

Scope: R.A. 7610 penalizes any act of child abuse, exploitation, or discrimination.
Relevance to Posting Photos/Chats: If posting a minor’s photos or chat logs has the effect of subjecting the child to ridicule, embarrassment, bullying, or any form of abuse, this could potentially be construed as a form of psychological or emotional abuse. The law covers not only physical abuse but also mental or emotional harm that degrades the dignity of a child.

3.2. Anti-Child Pornography Act (R.A. No. 9775)

Scope: R.A. 9775 criminalizes any form of depiction of minors in sexual contexts or lascivious exhibitions.
Relevance: If the content posted is sexual in nature, or even suggests sexual undertones involving the minor, it may constitute child pornography or exploitation, which carries heavy penalties.
Guidelines: Any representation of a child that is explicit, lascivious, or exploitative—distributed online or offline—is punishable.

3.3. Cybercrime Prevention Act (R.A. No. 10175)

Cyber Libel: The act punishes libel committed through a computer system, including social media. If posting a minor’s chats, photos, or personal information defames or injures the minor, or if it is used to harass or threaten, it could be actionable under cyber libel or other cyber offenses.
Data Interference & Unlawful Use: Unauthorized access to a child’s chat logs or personal data, and subsequent posting, may violate not only privacy rights but also the Cybercrime Prevention Act, depending on the circumstances (e.g., hacking, unauthorized access).

3.4. Data Privacy Act (R.A. No. 10173)

Consent Requirements: The Data Privacy Act requires that personal information be collected and processed only with the consent of the data subject. Where the data subject is a minor, parental or guardian consent is typically required.
Sensitive Personal Information: A minor’s personal data—especially if it includes sensitive details such as health data, educational records, or other identifying information—warrants an even higher standard of protection.
Possible Liabilities: Unauthorized or unlawful processing (e.g., posting sensitive information without consent) could subject the violator to civil, administrative, or even criminal penalties.

3.5. Anti-Violence Against Women and Their Children Act (R.A. No. 9262)

Scope: This law penalizes various forms of abuse against women and their children, including psychological or emotional abuse.
Relevance: Publicly humiliating a child by posting photos or chats that result in mental or emotional anguish may qualify as a form of violence or abuse, especially if perpetrated by a person who has or had a relationship with the child’s parent (e.g., estranged family members).

3.6. Child and Youth Welfare Code (P.D. 603)

Scope: PD 603 outlines the rights of children to protection, proper care, and education, among others.
Parental Authority: Parents (or guardians) have the right and obligation to protect the privacy and overall welfare of their children. If a non-parent is posting a child’s photographs or chats, the parents could invoke PD 603 to assert a violation of the child’s rights.

4. Who Can Legally Post a Minor’s Photos or Chats?

Parents or Legal Guardians
- Generally, parents and legal guardians have the authority to decide on matters concerning their minor children, including posting pictures on social media. However, this authority is not absolute; it must be exercised in a manner consistent with the child’s best interests.
- Even parents can be held liable if the content they post is exploitative, abusive, or harmful.
Schools, Organizations, and Other Third Parties
- Schools and organizations commonly post student achievements or event photos. They are typically expected to secure parental consent (often by way of waivers signed at enrollment or before school events) to ensure compliance with data privacy and child protection laws.
Other Individuals (e.g., Friends, Extended Family, or Strangers)
- Third parties posting a minor’s images and messages without parental consent risk legal repercussions for privacy violations, possible child abuse or exploitation, and even cybercrime offenses if the child is defamed or harmed by the posting.

5. Potential Legal Liabilities

Civil Liabilities
- Damages under the Civil Code: If the posting violates the privacy rights or moral rights of the child, parents or guardians may sue for moral or nominal damages on the child’s behalf.
Criminal Liabilities
- Violation of R.A. No. 7610: If the act is abusive or exploitative.
- Violation of the Anti-Child Pornography Act: If the content is sexual in nature or exploitative.
- Cybercrime Offenses: Cyber libel, identity theft, or unauthorized processing of data.
- Data Privacy Act Violations: Unlawful or unauthorized disclosure of sensitive personal information.
Administrative Liabilities
- If an individual is a professional or works under a regulated sector (e.g., teacher, childcare worker), they may face administrative sanctions (like license suspension or revocation) in addition to criminal and civil suits, if found guilty.

6. Practical Guidelines

Obtain Consent:
- If you are not the minor’s parent or guardian, always seek express and informed consent from the parent or legal guardian before posting the child’s image or personal information.
Evaluate Purpose and Content:
- Ask: Is the photo or chat content potentially harmful, embarrassing, or exploitative for the minor now or in the future?
Use Privacy Settings:
- Even with parental consent, limit the exposure by using strict privacy settings on social media platforms. Minors’ personal details (such as location, full name, or other identifiers) should be minimized or omitted.
Respect the Child’s Views:
- If the child is of sufficient maturity (e.g., older teens), consider their views or comfort level about being posted online. While not determinative in law, it is a good practice to respect their sense of privacy.
Monitor and Report Abuse:
- If you suspect that a child’s photos or chats have been uploaded in a context of bullying, harassment, or exploitation, immediately report the post to Facebook (via the platform’s reporting tools) and to Philippine law enforcement agencies (e.g., PNP Women and Children Protection Center).

7. Conclusion

Posting a minor’s photos or chat exchanges on Facebook can seem innocuous, especially in everyday sharing by family or friends. However, Philippine law imposes strict standards to protect children’s welfare, privacy, and dignity. Key statutes—such as the Anti-Child Pornography Act, Special Protection of Children Against Abuse Act, Cybercrime Prevention Act, and the Data Privacy Act—collectively emphasize the heightened protection owed to minors.

Parents and guardians must exercise prudence; consent alone does not validate posts that could harm a child’s well-being. Third parties likewise must be circumspect, as posting a child’s personal content without proper authority or for dubious purposes can expose them to significant civil, criminal, or administrative liabilities.

Ultimately, the “best interest of the child” remains the guiding principle in any legal or practical discourse on posting a minor’s information online. Anyone who wishes to share a child’s image or communications on social media should balance the child’s privacy rights and safety concerns with the desire to celebrate milestones or experiences—always erring on the side of caution and respect for the child’s fundamental rights.