PHOTOGRAPHY
& THE LAW
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.
