The Christmas Lottery draw on December 22 is one of the most iconic events of the year in Spain. However, this 2024, social media has amplified a concerning phenomenon: the harassment and mockery of the San Ildefonso minors participating in the draw. From negative comments to viral memes, these behaviors generate debates that go beyond entertainment and force us to reflect on the rights of minors and the impact of digitalization on their lives.
Legal Reflection: The Right to Honor and One’s Own Image
From a legal perspective, the appearance of the San Ildefonso children on television occurs with the explicit consent of their legal guardians. This legitimizes minors’ participation and being recorded in a public event. However, the right to honor and the right to one’s own image, recognized by both the Spanish Constitution and Organic Law 1/1982, are neither lost nor subordinated to the consent of their guardians.
Extensive jurisprudence has supported the special protection of the honor, privacy, and self-image of minors. There are numerous judicial convictions that punish those who flagrantly violate the fundamental rights of minors contemplated in Article 18.1 of the Spanish Constitution.
In this case, even if the images were initially disseminated in a legitimate context, their use to generate mockery or social derision violates the dignity of the minors. Comments and memes that ridicule gestures, mistakes, or behaviors of children can constitute an illegitimate interference with their fundamental rights, potentially leading to legal claims.
Furthermore, the right to the protection of minors is reinforced by laws such as the Law on the Legal Protection of Minors, which requires that their best interests prevail in all circumstances. This includes preventing any emotional, psychological, or social harm derived from their public exposure.
Ethical Perspective: The Impact on Minors’ Digital Reputation
Minor’s Reputation
Beyond legality, the problem lies in the lack of empathy and responsibility we show as a society when consuming and disseminating content on social media. Although guardians’ consent allows for the initial dissemination of images, we must remember that the San Ildefonso children are individuals in emotional development, vulnerable to the negative effects of virality and public mockery.
Digital reputation is not an isolated phenomenon. What happens online has a direct and lasting impact on anyone’s life, and in the case of minors, it can profoundly mark their development. The virality of memes and negative comments about a girl who made a mistake under pressure or about a tired boy reflects a lack of empathy that not only affects their public image but also their self-esteem and emotional well-being.
Collective derision on social media is facilitated by the distance created by the screen and the false perception of impunity. However, this attitude normalizes behaviors that amplify the vulnerability of minors and perpetuate long-term harm. Are we truly aware of the impact this type of behavior has on a child’s life?
Final Reflection: Our Responsibility as a Digital Society
The case of the San Ildefonso children must be a turning point in how we manage the relationship between legality, ethics, and digital communication. While it is legal for minors to appear on television with their guardians’ consent, this does not give media or social media users carte blanche to violate their honor or dignity.
We must foster a digital culture that prioritizes respect and the protection of the most vulnerable, remembering that behind every meme or comment there is a real person, with emotions and rights. As a society, we need to rethink how we interact on social media and assume our responsibility in creating a safer and more empathetic digital environment for everyone, especially for minors.
Because in the end, what is at stake is not just the legality of our actions, but the humanity of our actions.
