What's the law on taking photos of my own children?

Discussion in 'OT (OFF Topic) Forums' started by welland99, Feb 8, 2011.

  1. welland99

    welland99 Hardcore MB Enthusiast

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    My wife usually takes the kids to swimming lessons because I'm at work. For a few weeks now, she has been telling me how our youngest is really progressing, but I haven't been able to go and watch.

    So, today she took the camera with her to take some snaps and vid clips. The swimming pool doesn't allow video cameras for some reason, but they do allow normal cameras if you fill in a form first. They want to know who you are (but don't ask for ID), who is the subject, why taking snaps, etc. You can get away with taking videos on a normal camera because nobody actually knows what you are doing. We've done this before without problems.

    Anyway, somebody went to the manager to complain about my wife taking photos because their children were in the pool at the same time (but in a different class).

    Is there a law to say that you cannot take photos of your own children, on the off chance that somebody else might be in the background? Or is this one of those urban myths that people believe....:dk:
     
  2. Sp!ke

    Sp!ke Administrator Staff Member

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    urban myth, there is no legal restriction.

    However the swimming pool has the right to have its own rules.

    Whilst I agree one has to be a little cautious of strange people taking pictures of semi clad children, it seems pretty obvious to me that the intent is not in anyway sinister when you see a parent taking a picture of their own child.

    What kind of moron reports such a thing?
     
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  3. tagnut

    tagnut Hardcore MB Enthusiast

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    I guess that must be a rhetorical question....:doh:
     
  4. Stratman

    Stratman Hardcore MB Enthusiast

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    Someone hoping for a "No win no fee" scumbag lawyer to get in touch?
     
  5. renault12ts

    renault12ts MB Club Veteran

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    The law is an ass. How many of us have taken photos of the kids when they were very young in the bath? Yet wasn't it Mary Nightingagle who was arrested for that (and later released).

    It's OK to take photos of naked kids...if it's for advertising purposes. I find it incredible that you can't photograph your own kids i n a swimming pool in case other kids are also captured and yet people can earn money from ad agencies...for naked photos. Go figure.
     
    Last edited: Feb 9, 2011
  6. Gucci

    Gucci Hardcore MB Enthusiast

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    Would be interesting to see how they get on with a crowded beach?!
     
  7. jimti

    jimti Hardcore MB Enthusiast

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    I always thought the problem was more about what you can do with images you capture rather than whether you are allowed to capture them.
    Although I do understand why these rules are put in place, sometimes people need to lighten up just a little and see what is going on around them.

    I feel a little bit sorry for the parent that felt the need to complain TBH, society has left her living in too much fear of her environment imho
     
  8. MOCAŠ

    MOCAŠ MB Club Veteran

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    There is latent hysteria at large whereby the motives of just about anyone taking photos of children are, by default, regarded wuth suspicion. The problem here is that one person's innocent snap can be another person's indecent image. It's not so much the content of the photo that is being assessed as the intentions of the photographer.

    In public places such as swimming pools, it's safer (or at least easier) to impose a blanket ban than to try to differentiate the perverts from the parents. However, if those with a legitimate reason to take photographs have gone through the process of registering both their intent and their personal details, then you'd think that would provide sufficient assurance for the parents of other children in the vicinity; but then the tabloid-fed paranoia sets in and they start to wonder what could happen to images over which they have no control.

    Have to say, though, flouting a ban on video recording by using a device that does not appear to be a video camera can at best be seen as breach of trust, and could easily lead to one's motives being questioned.
     
    Last edited: Feb 9, 2011
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  9. finisterre

    finisterre Hardcore MB Enthusiast

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    I think there is a new paranoid and authoritarian law that is supposed to deal with cyber bullying that may apply. Possessing images of an under 16. yadda

    It was mentioned on one of the teaching forums I frequent.
     
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  10. grober

    grober MB Club Veteran

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    Problem is that someone actually complained. :doh: In that situation its awkward for the people in charge of the pool that day.:confused: They probably don't set policy but have pretty explicit "blanket" instructions should such a situation like this occur. They will also becoming wise to the "still " photographer who seems to take 5 minutes to take one shot. :rolleyes: Sad reflection on our society but with soft and hard core porn readily available online its perhaps understandable that people's sensitivity is heightened.:(
     
  11. camerafodder

    camerafodder Hardcore MB Enthusiast

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  12. trainer

    trainer Hardcore MB Enthusiast

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    As has been mentioned above there is no law banning photographs being taken. It was a misinterpretation of guidance that was issued in relation to child protection and safeguarding.

    This is from a website

    Photographing children

    There are no laws against taking photos of children, but someone taking an unhealthy interest can rightly expect to attract unwelcome attention from the authorities (and quite probably passers by) pretty sharpish.

    Be also mindful that if you're taking pictures in areas where dodgy folks, drug dealers and ne'er do wells may be in view, they're unlikely to be pleased with the attention and probably won't be bothered about the niceties of the law in their response.

    If someone asks you to stop take pictures of them, it's generally a good idea to do so.

    Update: According to this blog, Home Office Minister Tony McNulty MP has commented on the current legal situation regarding privacy.

    "There is no legal restriction on photography in public places, and there is no presumption of privacy for individuals in a public place.

    It is for the Chief Constable to ensure that Officers and Police Community Support Officers are acting appropriately with regards to photography in public places, and any queries regarding this should be addressed to the Chief Constable.

    However decisions may be made locally to restrict photography, for example to protect children. Any questions on such local decisions should also be addressed to the force concerned."
     
  13. flango

    flango MB Club Veteran

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    There is no specific law as previously posted but there is an official policy agreement between all local authorities in England, Scotland and Wales that allows photography and video to be banned in public places where children are present this includes, swimming pools, school shows, school gymnastic events, theatres, all council buildings and the list goes on. It is also enforceable by prosecution.

    I only know because SWMBO was involved in the policy making and has been involved in prosecuting people under it (for very good reason I might add).

    I sympathise with the OP as my daughter has been at dancing school since the age of 3 but I have been unable to record her progress and achievements because of the above policy imposed by our local council. At least the swimming pool concerned in the OP allow camera's if you apply for permission rather than imposing the blanket ban full stop like most councils did.
     
    Last edited: Feb 9, 2011
  14. finisterre

    finisterre Hardcore MB Enthusiast

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    However decisions may be made locally to restrict photography, for example to protect children. Any questions on such local decisions should also be addressed to the force concerned."

    So what law do they use to restrict photography, what do you get charged with if you choose to ignore their requests, is it anti-terrorism legislation?This country is crazy.
     
  15. PXW

    PXW Hardcore MB Enthusiast

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    Didn't think you could be prosecuted for a breach of a policy - do you know what law covers this?
     
  16. brucemillar

    brucemillar MB Club Veteran

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    The saddest thing about all of this is the loss of innocent childhood memories to all concerned. Hardly a week goes past now without another story relating to mobile phone/camera footage being used by "perverts". There is now a hysteria that prevails with some justification around any area where children are playing.

    Our school started the Christmas play this year with a warning that photography would be allowed if all the parents in the room agreed (show of hands) but could you please try and only photograph your child. It used to start with Merry Christmas everybody, welcome to our play.

    The local swimming pool has had major issues with holes being drilled through the changing cubicle doors etc.

    Very sad. But then if my children were victims of this kind of abuse I would probably be in the mob wanting it banned.
     
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  17. flango

    flango MB Club Veteran

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    I don't but I know a woman that does :D will find out. I think when the council impose the ban / policy they do so quoting the relevant laws that apply, so I know they exist but not sure exactly what they are yet :thumb:
     
  18. tpwuk

    tpwuk Hardcore MB Enthusiast

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  19. flango

    flango MB Club Veteran

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    Ok bit of an update after speaking to SWMBO, Most bans are put in place under the Protection of Children Act, but also under other acts including Trespass. Most prosecutions are brought under the Protection of Children Act for the serious cases.

    However where the threat is more of a nuisance than harm the act of Trespass is used to ban people from the particular place or places. When you are on School or Council owned property they are in effect licensing you be there, part of this license requires that you must obey the rules and regulations imposed on you and as signposted at the various establishments, failure to do so means you have effectively breached your license and can be removed from the premises, persistant offenders will be prosecuted banning them from a particular establishment or even all council buildings and schools.

    There is also another issue related to Domestic Violence relocation and witness relocation, In that photograaphs taken in council owned buildings and published on the net, say photobucket or facebook for example could give away the new location of the person / people concerned for which the council could then be held liable.

    It's a very complex area and different authorities handle it diferently, some impose a total blanket ban full stop, whilst others try and accomodate the need of parents wishing to document their offsprings development. Maybe it's a case of living in a nanny state where the the majority of decent hard working people are deprived of recording child development because the state is too soft with the offenders when they do get to court. There's a lot to be said for the death penalty for child offences as used in some countries of the world.
     
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  20. camerafodder

    camerafodder Hardcore MB Enthusiast

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    I see a whole generation of people who will never experience the humiliation caused by their parents showing pictures of them as children splashing around in paddling pools/nappies etc... in a deliberate attempt to embarrass them in front of a prospective fiance.

    Life's so unfair! :D
     

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