Can you be sued for social media postings?

FILE - In this May 16, 2012 file photo, the Facebook logo is displayed on an iPad in Philadelphia. Facebook is adding more Snapchat-like features to its app. The company says it wants to let people's cameras "do the talking" as more people are posting photos and videos instead of blocks of text. With the update coming to users starting Tuesday, March 28, 2017, Facebook is adding a camera icon to the top left corner of its mobile app.. (AP Photo/Matt Rourke, File)

HARRISBURG, Pa. (WHTM) – Social media is used to post pictures, share news and stay up to date on the happenings of others.

Lindsay Aiken of Harrisburg uses Instagram to post pictures of her 3-year-old son.

“I post several times a day. I post a lot,” she said.

She’s not alone. A study by Parent Zone found that by the time children are five, there is an average of 1,500 pictures of them online.

The constant posting of pictures of a teen in Austria prompted her to sue her parents. In France, parents can face jail time and fines if their child decides to sue them for invasion of privacy.

Here in the United States, it’s not as clear.

“There’s a lot of gray area,” said John Sancenito with INA in Harrisburg. “You can sue anyone for anything. The question is how far the suit will go.”

Sancenito says there are no laws about posting pictures of your children online if they are appropriate and could not be considered child pornography.

When it comes to posting photos of the children of other people, that is not illegal either. He explained it’s legal to go to a child’s school concert and post a photo of your child with another child. He recommends checking with the other parents first though.

“Just because something is legal doesn’t make it ethical,” he said.

An attorney we consulted agreed it’s an area that is gray and constantly changing. What is legal today could be illegal down the road.

Aiken doesn’t plan to stop posting pictures online.

“I think maybe it is more a reflection on the generation … like ‘you made me so mad, I’m going to prove a point and sue you,” she said.

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