Understand Your Rights. Solve Your Legal Problems
The recent gender reveal by twins Jana and John-David Duggar has reignited discussion about privacy and publicity rights in the digital age.
In a video posted on November 5, 2025, the Counting On siblings shared that Jana and her husband Stephen Wissmann are expecting a boy, while John-David and his wife Abbie Duggar are expecting a girl.
Jana, 35, is preparing to welcome her first child following her August 2024 marriage to Stephen. Meanwhile, John-David and Abbie — already parents to daughter Grace (5) and son Charlie (2) — are expanding their family once again, with their third baby due in early 2026.
The twins marked the occasion with a joint gender-reveal event, decorating a gold-lettered “He or She?” backdrop surrounded by balloons and colored powder cannons — pink for John-David and Abbie’s daughter, and blue for Jana and Stephen’s son.
Jana Duggar and her husband Stephen Wissmann share a relaxed moment at home as they prepare to welcome their first child in early 2026. (@janamduggar Instagram)
In the reveal video, Stephen admitted he had “been leaning boy, but I think that’s just bias,” while Jana confessed she’d been “thinking girl.” Their playful guesses gave way to cheers and hugs as blue smoke filled the air, confirming their first child will be a boy.
The event also included appearances by the twins’ parents, Jim Bob and Michelle Duggar, and FaceTime calls to family members who couldn’t attend. Jana later gave viewers a peek into the baby’s nursery-in-progress — a bright, modern space awaiting furniture and a fresh coat of paint.
For fans of the Counting On family, the moment symbolized not only new beginnings but also a rare alignment: the twin siblings entering parenthood simultaneously.
While this story may appear as a wholesome family milestone, it underscores a modern legal question: how much privacy do public families really have when sharing their lives online?
In U.S. law, individuals generally hold a right of publicity — the ability to control commercial use of their image or likeness. Yet when families post videos or images on platforms like YouTube or Instagram, they often sign away partial rights through platform terms of service. Once uploaded, the content can be freely embedded, shared, or monetized by third parties.
Legal experts said that even voluntary posting does not always equal “unlimited consent.” Future misuse — such as deepfakes, misleading thumbnails, or unauthorized ads — can still breach rights of publicity or copyright laws.
Children featured in family content have limited control over their digital footprint.
Illinois became the first state in 2023 to require parents to share a portion of earnings with minors who appear in monetized social-media videos, and California legislators have explored expanding similar protections under existing child-actor laws.
As privacy scholar Danielle Citron has written, “privacy harms in the digital age don’t disappear — they accumulate over time.”
For the Duggars, who have long navigated public attention, each reveal video or post introduces additional layers of responsibility. Ensuring children’s consent — even future consent — is an emerging legal and ethical consideration.
Reality TV families often enter agreements governing exclusive content. If a network or streaming partner retains distribution rights, releasing family updates independently can raise issues of breach or competition. It’s a reminder that what feels like a “personal moment” online may still be bound by business obligations.
For ordinary parents, the same core rules apply:
Review privacy settings before sharing.
Avoid posting location or school identifiers.
Understand that platforms retain perpetual licenses for uploaded media.
When sharing family milestones, think of each post as a public record. Control your visibility now, before it controls you later.
The gender reveal video has drawn millions of views within hours, with fans flooding the comments to congratulate both couples. Long-time viewers described it as “a beautiful full-circle moment,” while others noted the symbolic timing — Jana’s first baby arriving as John-David’s family grows again.
From a brand perspective, the Duggar family continues to thrive in the digital space despite the end of Counting On.
Their YouTube content, personal announcements, and lifestyle updates generate both emotional engagement and monetizable traffic — a hallmark of today’s influencer-family ecosystem.
Yet the line between storytelling and self-exposure remains delicate. Legal analysts argue that as social-media families become more sophisticated in managing content, the need for clear ethical and contractual boundaries becomes even greater.
1. Can parents legally post photos or videos of their children on social media?
Yes. In most jurisdictions, parents or legal guardians have the right to decide what personal content to share about their children. However, once posted, that content may be reproduced, embedded, or misused without permission. New laws in states like Illinois now require parents to share profits with minors who appear in monetized family content, reflecting growing concern about digital child privacy.
2. What is the “right of publicity,” and how does it apply to influencers and family vloggers?
The right of publicity protects a person’s name, image, or likeness from being used commercially without consent. For influencers and online families, this means sponsored content featuring children could trigger future claims if those children later argue their likeness was exploited for profit without proper compensation.
3. How can families protect their privacy while maintaining an online presence?
Experts recommend setting strict privacy controls, avoiding geotags, and limiting identifiable details such as school names or schedules. When monetizing videos or photos, creators should keep written consent records, understand platform terms of service, and consider legal advice to ensure compliance with child protection and data privacy laws.
