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Photographing Children At Play


Parents are becoming concerned about photos and videos being taken of their children at sporting events and how that material will be used.
Many people have been thinking twice about capturing some priceless photographic and video images of their children playing sport recently because of the confusion about what is and what isn't allowed.
Parents are reporting that heated debate and confusion are reigning supreme at the sidelines of kids footy matches throughout the state over the issue.
The debate bounces between the two arguments of protecting childrens' rights and a parent's right to take photos and videos of their children, with some labelling it "bureaucracy gone mad".
To clarify the situation for the sideline community, Queensland's Attorney-General and Minister for Justice, Linda Lavarch explains that there's no blanket ban on people taking photographs or footage in public situations. She says it's what's done with that material that makes all the difference. It's because of what she labels "very disturbing situations" where photos of children playing very innocently were published on websites for worldwide consumption, without permission.
Ms Lavarch says the onus is on sporting clubs and community organisations to have policies in place for this situation. She says over the last couple of years, those organisations that involve in children have had the autonomy to create their own policies about allowing photographs or video footage to be taken at an event.
"They require a parent's consent to a photograph being taken and have put them up on the club's website," says Ms Lavarch. She says the normal situation is that they'll publish photos or video if they have the parent's permission but they won't put the names of the children up. "That's a policy decision for the organisation," she says. "There is no law in place to prohibit the taking of photographs or video footage of games," she points out by way of explanation. "However, there are some laws in place in relation to child pornography and child exploitation."
Ms Lavarch cites a situation in Victoria in 2002 where photos of children appeared on voyeuristic websites. "This caused public outrage and then it was followed by another discovery of photographs of young teenage surf lifesavers," she explains. In response to this and other similar situations, Attorneys-general, at a national level are looking at whether there should be laws in place for the unauthorised use of photos on the internet. This is currently being done by a discussion paper, according to Ms Lavarch.
Ms Lavarch also points out that there's no laws preventing local press taking pics if it's used appropriately and with the correct permission.
She denies that it's becoming a problem issue for her department but acknowledges that, "It is certainly an issue the community is conscious of". She reassures that if this material is used inappropriately, there's plenty of legislation in place to address it. She further points out that when it comes images of children being used without permission, people power steps in when there's no legislation. "If those images of children are considered offensive in any way and have been used in an unlawful way, and if there's no laws to prevent that happening, what we do find is that there's community outrage in that situation." She cites the Southbank example where public pressure caused a photographer to shut down a website featuring photos of children playing. "It focused attention on the fact that you can have someone surreptitiously take photos and then have them posted so that the world can see them," says Ms Lavarch.



AAP (23-5-2006)
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