Photographs of children without consent

[megapad]

What are the legalities or taking photographs of children without their consent?

I have taken a picture of two children engaging in antisocial, or possibly criminal, behaviour. I want to use this image for a publication but I do not have consent from the parents nor do I know who the parents are (if I do I would be taking action against them).

The image is of them using mini-motos on an estate owned by a housing association but outside and not any garden area related to their tenancy.

What is the deal. I hear conflicting information and I am regularly fed the line that children cannot be photographed without the parents consent except I know a newspaper which displays photographs of under 18's and asks for help in identifying as they are the cause of ASB or crime. Where do I stand?

[xhxmxsx]

why dont you give your local police station a call and ask them? failing that ring a local newspaper, i know you cant use a child's photograph in a competition without parents permission, failing that why dont you fuzz their faces out i'm sure it wont ruin the pictures that much and will save you any hassle

[burnhal]

It is a myth that you cannot take photographs of children. Parents regularly get asked not to at things like football matches etc. In fact there is no legal reason why parents - or others- cannot do so. It is possible for a school to refuse to allow photography in the school as it is within the school buildings and they can effectively determine their own rules and policys there. But in a public place there is no restriction at all. As to what you do with the photo, you are in effect the owner of the photograph and as such can do whatever you wish with it such as publishing in a newspaper- as long as its not something illegal. THis was well covered on Jeremy Vine not so long ago on Radio 2

[Buenchico]

Just to back up Burnhal's post:

As long as you're on your own property, or in a public place, you can basically photograph who and what you like. The only exceptions specifically relating to children are those embodied in the Protection of Children Act 1978 (as amended by the Sexual Offences Act 2003). Such provisions only relate to indecent photographs of children. As long as the youngster aren't riding their mini-motos while naked, you've got nothing to worry about as far as the law is concerned.

(However, it would be wise to remember that the parents of such youngsters sometimes follow their own 'laws' where the penalties for breaches are handed out with fists and baseball bats, rather through fines and imprisonment. A certain amount of discretion might be called for).

Chris

[Bird Legs]

Whilst Buenchico gave his answer in good faith, I expect you will now find these `children` riding their mini-bikes naked to prevent you using any photos!