A number of
concerns were brought to the attention of SPF Council in
2006 about how present laws, and also concerns over the
public issue of paedophilia and photography, affected the
public’s freedom to take photographs. Council considered
the hearsay accounts offered and it was decided to seek
advice from Hampshire Constabulary, plus clarification
from NSPCC on its support of the establishment of Child
Protection Officers for sports teams.
As Publicity Secretary, I, David Kessel, undertook the
task. NSPCC’s reply stated that “It is not illegal to
take images of children in this manner” (i.e. CPSU
guidelines). It also added that “it is important to keep
a sense of perspective of the risks at this type of
event”. Inspector Kevin Baxman was appointed to liaise
with SPF Council. He kindly gave up his time to come to a
meeting and discuss the whole issue, and then prepared the
following joint report. We thank Inspector Baxman and
Hampshire Constabulary for their kindness, help and
guidance. We feel sure that the following document may be
of value more widely than just to SPF members. A Joint
Report on Discussions with Hampshire Constabulary
ISSUES DISCUSSED
1. The Law & A Photographer’s Rights in a Public
Place
Basically, the Law recognises a photographer’s right to
take photos in a public place, including, if children may
be in the background i.e. when photographing events such
as public carnivals. If the photo contravenes the Sex
Offences Act, the case is clear, but for the ordinary
amateur photographer, the issue is more likely to rest on
a parent, CPO (Child Protection Officer) or any other
person feeling upset or taking exception, leading to
confrontation.
At this point, it could lead to a criminal Offence under
the Public Order Act (See also point 4 below).
2. Points to Guard Against When Photographing in a Public
Place
Whilst theoretically there is no problem in taking
photographs, if asked to stop by someone who appears
upset, the best advice is to do so. However, no one
without authority has the right to take the camera or
demand deletion of pictures. (See Police Authority below).
3. Child Protection Officers & Photographers - their
rights & ours in a public environment
CPOs do not have authority but act as part of the CHILD
PROTECTION IN SPORT UNIT, whose aims are, justifiably and
commendably, to protect children. In all such cases where
the event is organised, best advice is to liaise,
preferably beforehand, and be overt in seeking recognition
and permission to take photographs. Where the event is
held on Private Grounds, the only route is by seeking
permission.
4. Seeking/Gaining Permission to Take a Photo including
children
Best advice is to err on the side of caution and either
seek permission, e.g. of nearby parent/adult/organisers
(see 3 above) or to explain, calmly, what you are doing;
offer to show your work if using a digital camera; and
possibly offer a print. It is best to avoid confrontation
with anyone feeling that they are suffering harassment,
alarm or distress which could lead, as stated above, to a
more serious Civil Offence under the Public Order Act.
5. How To Deal With Aggressive Opposition
By all means be aware of your right to take a photograph
in a public place, but it is advisable to recognise the
delicacy of the situation in today’s society, and seek
to calm fears (see above) or even, in an extreme
situation, be the person to summon a police presence.
6. How To Act If Arrested
Stay polite, firm & calm. The Police have a duty to
confirm that a photographer is acting legally, but should
be able to confirm this easily on a digital camera. It may
help to have an informal ID card (See item below),
establishing your CV or ID as a genuine amateur
photographer, but also safeguard evidence of photos taken
etc. Under normal circumstances, the home computer should
not be inspected as part of an investigation, but the
police do have a right to seize anything that may be
evidence of an offence. Your Human and Civil Rights will
be recognised.
7. Calming fears of The Public, Parents etc in a Public
Place
Best advice is to do so, right from the outset or as early
as possible. The general advice above gives emphasis to:-
seeking permission, giving reassurance, seeking
co-operation rather than conflict, and showing a
willingness to recognise people’s fears.
Suggestions of ID Card:
Any form of unofficial ID has no legal validity, but could
help to persuade any person questioning your intentions
that you are (as appropriate) :-
A member of one or more recognised camera clubs;
A member of a club affiliated to The Photographic Alliance
of Great Britain;
A member of The Royal Photographic Society;
A photographer with recognised skills e.g. LRPS or CPAGB;
A committee member e.g. club;
A council member e.g. Southern Federation, RPS, PAGB or a
sub group. It may have a small ID photo;
Also text asking that you be recognised as a genuine
amateur photographer and be given assistance as may be
legitimately requested.
IN CONCLUSION
The above document is the result of discussions between
Council for The Southern Federation and a representative
of Hampshire Constabulary.
We recognise that individuals may wish to take more
personal stances on certain issues, which is their right,
but the report is an agreed document intending to give
advice which is as clear, practical and legally sound as
possible at the present, helping members steer a safer
route through today’s sometimes extreme reactions to,
and fears of, the issue of paedophilia. As in most aspects
of life, it will help to use Common Sense at all times.
Report written jointly by Inspector Kevin Baxman,
Hampshire Constabulary and David Kessel, BA, LRPS,
Publicity Sec. SPF
March 2007
Continuing the discussion on taking photographs of
children, which appeared in the SPF Minutes in November;
here is an article from Ken Scott ARPS
Child Protection and Photography in Sport
I have read the SPF minutes from December 2006, and was
disappointed to miss the meeting because I have a
particular interest in the child protection issues raised.
Sorry that this comment is somewhat lengthy.
It seems that there is some consternation among
photographers, but not a wide understanding of the issues
at hand. There are plenty of ambiguous or
double-standards, concerning which images of children are
acceptable and which are not, especially in the media.
However, I wish to constrain my thoughts to sports
photography, since that is the minuted discussion.
Firstly I am interested in whether photographers are upset
at being challenged, or genuinely objecting to the
photography of children being currently sensitive? I
suspect the former. Yes, it is distressing for all
concerned, so I would urge us as photographers, to be more
aware and to avoid being challenged in the first place.
I am both a working photographer (I’m on the SPF judges
A list) AND a qualified cricket coach working with young
people aged 9-17. I am also our cricket club’s appointed
Child Welfare Officer (CWO). So I have perhaps a unique
view of both sides of the dilemma.
It is accepted, and borne out by case facts, that sports
clubs for young people have long provided easy access for
the tiny minority of adults whose intentions towards
children are inappropriate. To be a “Clubmark”
accredited organisation, we have to demonstrate that we
have taken all reasonable steps to ensure the safety and
welfare of our young players, which includes complying
with a policy on photography.
With or without accreditation this is a legal requirement,
and in order to run youth cricket, we MUST appoint a CWO.
Child Welfare Officers (CWOs) and coaches are appointed by
their clubs; have to be CRB cleared and are trained by the
England & Wales Cricket Board (ECB). I understand that
the situation is similar in most sports.
It is worth noting, though, that few CWOs will understand
photography as we understand it. Only a minority of clubs
and schools enforce a ban on photography. Most prefer to
issue guidelines for reasons of enforceability - it is
increasingly difficult to be sure what is, or is not, a
camera - and recognition of the value of photographs to
the vast majority of well-meaning parents and other
adults.
The ECB has issued guidelines to clubs for the use of
photography. To my knowledge, unlike in France, there is
nothing in law that prevents us taking pictures of anyone,
children or adults, in a public place.
However, in my view, to use this defence would not respect
common decency. Despite the lack of specific privacy
laws, some people would prefer not to have their
photographs taken, and some are going to further lengths
to prevent the unauthorised use of their own image, using
the Data Protection Act and the European Court of Human
Rights, for example.
If a sports ground is privately owned, then local policies
must be observed. I’m sorry to take issue
with the SPF meeting’s advice to write to the local MP,
but I think that it is naďve and is likely to deepen the
rift of suspicion of photographers rather than healing it.
We should be forging working relationships with local
sports clubs; I would positively encourage an enthusiast
photographer to come to us in an official capacity.
We require parents to give permission for their
children to be photographed by club officials, other
parents and official photographers. As there is no
guarantee that the other team will have done so, we cannot
say that we would always grant permission.
However, a photographer at our ground who is not
recognised as a parent would be asked to register his or
her interest. I would do this respectfully, and would
expect an understanding response from the photographer,
but I could not guarantee a respectful challenge from a
suspicious parent or another CWO.
Experience suggests we are more likely to be challenged if
we have a serious-looking SLR than if we use a compact. I
don’t like either situation, but it is the way things
are.
My advice to photographers is simple. As per sports’
guidelines, it does not, and should not, involve avoidance
of photographing children, but does involve covering
ourselves against any potential allegations:
1. We may be amateurs, but we should act as professionals
would, by carrying a business or identity card, perhaps
from the RPS or our club, and leaving contact details with
the sports club or event organiser.
2. We should get our own CRB clearance.
3. We should make ourselves known to the organiser, or
parent, and seek permission to photograph BEFORE producing
our cameras. Phoning in advance enables clubs to inform
parents. If photographing children in any context, we
should work openly, with a parent as a chaperone.
4. We have to make our intentions clear and gain trust:
provide a few examples of work, then nobody can doubt our
integrity and the act of asking permission is less likely
to be misconstrued.
5. We should offer to come back to the club with some
small prints for sale - my young players love seeing
pictures of themselves playing, especially good photos
that make them look as good as Andrew Flintoff!
6. We must treat refusals with respect and good grace:
sports clubs have legal responsibilities to protect the
welfare of young people, and they are following
well-intentioned guidelines.
