Photographs of Children

[DMX Will]

I would like to clear this up, as I have another U18s Club Night coming up, and ideally would like some photos for the web site.

Of course, the problem here is the kids ar under 18 (hence being kids - duh!).

Does anyone know, or can any one link me to some documentation, on what the actual legal side of this is.
- Do I need permission from every child's parents?
- Can I run a disclaimer notice for the kids to see on there way in, and if they don't agree they don't come in?
- What about long distance photos, for example the entire of the dancefloor, where you can't identify them?

Very confusing, and it's making my head hurt. My google searches arn't returning anything from a source I can trusy (Is there a Goverment law web site?)

Thanks everyone!

[spin mobile disco]

Not sure of legals etc but if I use any pics with kids in them I try to either blur faces or take picture of rig from front so backs to camera. If its a private venue I would normally ask person who booked me if its ok to take picturers for publicity purposes. Normaly no problem. Once was asked to put picturers on website from a 16th birthday party by the kids there so they could show it to friends. (hits on website went up by 200 in about 5 hours lol)
If unsure just take pre start pics to show off rig.
Legally im pretty sure owner of camera has all rights to pictures taken , but im sure there are exceptions.

[Danno13]

I'm pretty sure its only kids under 16 that you have to have permission before posting online.

Just try and be creative though and get shillouettes against the lighting and stuff like that. Or you can mask the faces like spin said.. but alot of the time the crowd would like to be able to go and see themselves on a website.. so if there was a way of having some kind of blanket agreement then it would be handy. Although i suspect you'd need signatures from parents.

[BeerFunk]

I couldn't imagine it to be illegal, as newspapers have 'general' photographs with children in it all the time. What I mean by 'general', is a photo of a group of people, including children (like a park or beach). There's no way that they could have the consent of all the parents concerned, but then it's not like the children can be identified.

[GrahamH]

Hi Will

I coach youth football and the following is from the FA and although not a disco i think the same sort of rules apply.

Guidelines for Use of Photographic and Filming Equipment

There is evidence that some people have used sporting events as an opportunity to take inappropriate photographs or film footage of young and disabled people in vulnerable positions. It is advised that all clubs be vigilant with any concerns to be reported to the project coordinator.
If you are commissioning professional photographers or inviting the press to an activity or an event it is important to ensure they are made aware of what is expected of them in terms of child protection.

• Issue photographers with identification that is to be worn at all times

• Always ask for parental permission to take a photograph of, and use an image of a young person. Parents of all participants will have to submit a consent form for the activity but clubs should always check with the Sports Outreach Officer if photo consent was given.

• Athlete’s permission to should also be gained to take or use photographs.

There have been concerns about the risks posed directly and indirectly to children and young people through the use of photos on sports websites. Photographs can be used as a means of identifying children when accompanied by personal information.
Secondly, the content of the photo can be used or adapted for inappropriate use and there is evidence of this adapted material finding its way onto child pornography websites.

• Always avoid the use of the first and surname of individuals in photos. If an athlete is named avoid using their photo.

• Only use images of young people in suitable dress to reduce the risk of inappropriate use.

With regard to actual content it is difficult to express what is inappropriate. However there are certain sports such as swimming, gymnastics and athletics where the potential risk of misuse is greater than for other sports. With these sports the content of the photo should focus on the activity not a particular child and should avoid full face and body shots. So, for example, in a pool photographs would be acceptable if poolside or waist or shoulder up. Age is also something that should be considered and this may affect what is appropriate


Hope this helps

[DMX Will]

Thanks Graham and everyone.

Really I need the law, rather than what a particular oganisation puts in place. If anyone can link me to a goverment web site with the information that would be great.

Thanks,

Will.

[TonyB]

Thanks Graham and everyone.

Really I need the law, rather than what a particular oganisation puts in place. If anyone can link me to a goverment web site with the information that would be great.

Thanks,

Will.

I think you will find that there is no law as such regarding taking pictures of minors. You only fall foul of the law if you take inappropriate pictures and/or use them for inappropriate use. A lot of organisations have voluntary codes of conducts and the Scout Association guidelines are very much the same as those posted by GrahamH.

The main point is that you shouldn't publish any names of minors or any information where they can be identified or located.

If possible you should notify the parents that you are taking photo's and it is up to them to decide if they approve or not. You cannot leave it up to minors to make the decision.

[sleah]

To cover yourself get permission from all the parents of the kids.
The concept of 'general' pictures is, as mentioned, public places such as parks or in the street, a disco is not such a place, even if open to the public.
In this day and age, I'd say it's just not worth chancing it without permission, it would be too easy for someone to try and brand you a perv and without asking permission first it would be tricky to keep your name clean.
Sad fact of modern life, unfortunately.

[DMX Will]

If possible you should notify the parents that you are taking photo's and it is up to them to decide if they approve or not. You cannot leave it up to minors to make the decision.

So do you mean the law says: parental permission must be obtained? or that it's just ideal that parental permission would be given?

[TonyB]

There is no law that says that you do have to get parental permission but there are repercussions if you don't get permission and take pictures of children where a parent complains and questions your motive.

Where children are involved and a complaint is made against you, you are considered guilty until proven innocent. As part of an investigation, it would most likely involve having any computer seized and forensically examined as well as a lengthy questioning at the local nick and possibly accommodation overnight in one of their cells (I know of someone it happened to). The reason why you obtain parental permission first is to cover your own back so they know whats happening and know your motives beforehand.

Even with parents permission, if someone thinks you are taking/have taken inappropriate pictures or used them for an inappropriate use, you can still get into trouble.