Wednesday, April 24, 2019

Introduction

Most people taking photos of children at sporting events are doing so for acceptable reasons and are using appropriate methods, for example, a parent videoing their child at a sports presentation or photographing their child on the field during play or a professional photographer taking photos for a club.

The small size of many cameras and the advent of mobile phone cameras make it easier to take photos and harder to monitor. Digital photo publication can now be printed at home and photos can be taken, altered, and transmitted quickly to a vast audience by posting on the internet or ‘on sending’ the photo to mobile phone users.

This greater ease of taking and modifying images has raised concerns about the potential risks of child abuse posed directly and indirectly to children and young people through the inappropriate use of photographs featured on sports web sites and in publications.

The Law

In Australia, generally speaking, there is no law restricting photography of people (including children) in public spaces as long as the images are not:

  • indecent (such as ‘up skirt’ or ‘downblouse’ photographs taken covertly in change rooms or toilets)
  • defamatory
  • being for commercial purposes (person’s likeness is used to endorse or entice people to buy a product).

Photos of a child (including your own child) also contravene Criminal Codes and censorship laws if the child is photographed in a provocative or sexual manner.

Where a sporting event is held on a club’s private property, privately owned land, a school or council owned facilities, the owner of private property or venue is able to restrict, ban or require permission of photography anywhere in their venue (e.g. some council owned facilities will not allow mobile phones or cameras in change rooms or toilets).

If a person is taking photographs inappropriately (e.g. breaching the restrictions or ban in place for that private property or venue), then venue management can request the person to stop. If the person refuses, the police or security may be called to escort them off the property.

management can request the person to stop. If the person refuses, the police or security may be called to escort them off the property.

DVUSC Junior Photography and Video Policy

The DVSUC use the following information and suggested strategies when acquiring and displaying images of children and young people on web sites, social media and in other publications. It is not intended to restrict people taking photos for legitimate reasons.

DVUSC Strategy – acquiring Images

  • Signage to be placed in the clubrooms which clearly outline and publicise what is considered appropriate behaviour in obtaining images and what is considered appropriate image content.
  • Photographers (professional photographers, spectators, fans, coaches or members of the media) are not to be given unsupervised access to children.
  • Ensure the coach informs any player and parent(s) if the coach wants to video the player as a tool to analyse and improve performance.
  • Obtain the consent of parent /guardian and their agreement to be present before approving photo/video sessions outside the event venue or at the home of a child. Where possible, have the photo taken at the event venue.
  • Provide details of who to contact within the club or organisation if concerns or complaints of inappropriate behaviour in taking images or content are raised. Ensure that the contact person understands the application of relevant legislation and policies.

DVSUC Strategy – displaying images

  • The DVUSC will obtain permission from the child’s parent/guardian prior to taking the images of a child or young person. (this is currently done within the trybooking form upon registration)
  • Where the DVUSC uses an image, it will avoid naming the child. If this is not possible avoid using both a first name and surname.
  • Where the DVUSC uses an image, it will not display any personal information such as residential address, email address or telephone numbers if images are being posted on websites or distributed in publications.
  • Where the DVUSC uses an image, it will not display information about hobbies, likes/dislikes, school, etc as this information has the potential to be used as grooming tools.
  • The DVUSC will only use appropriate images of the child, relevant to the sport or activity, and ensure that the athlete/child is suitably clothed.
  • The DVUSC will reduce the ability for direct copying of pictures from a shared file store by using a password to provide some protection on who can access the files.
  • The DVUSC will clearly outline in a written contract with photographers who are contracted or paid to take photos, who will retain the images taken, include arrangements made for negatives, digital file and proofs and outline any restrictions for use and sale.
  • The DVUSC reserves the right to use photos of DVUSC activities including but not limited to game play, training and team photos for use on promotional items and in promotional activities.
  • Concerns about photography or video of juniors can me made to President of the club – details available on the Committee page of the DVUSC webpage.