Photographic images and the Press |
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See also separate advice on:
Photographing and videoing school events
Photographs and videos for a school's own publicity purposes
The advice below relates solely to photographic images and the press
Q. Does the Department have a policy for schools on the use of photographs in newspapers and magazines?
A. No, Schools and LEAs are free to develop and implement their own policies in relation to arrangements with the press for local newspapers to take and publish photographs of pupils taking part in school activities and events.
We recognise that local newspapers play an important part in reporting the achievements and challenges facing local schools and their pupils, and therefore a cooperative arrangement should be beneficial. Such photographs have been a traditional and popular feature of local newspaper coverage of their communities, appreciated by parents and schools.
Q. What other advice is available on this subject?
A. The Press Complaints Commission publishes a Code of Practice, which includes guidance on the way in which children should be depicted in newspapers, as well as a document available from their website entitled "Schools and children". Pupils should not be approached or photographed at school without the permission of the school authorities.
Q. What does the law say about photographs in the Press?
A. The Newspaper Society have received their own advice on this from from the Information Commissioner who enforces and oversees the Data Protection Act 1998 (DPA) and the Freedom of Information Act 2000 (FOI). The Information Commissioner has confirmed that:
- Where schools merely allow access to a local newspaper photographer, they are not caught by the DPA unless they provide the personal details of the pupils in the photographs.
- If the names of those in the photograph were collected directly from the participants (subject to the wishes of parents and guardians of pupils) the school would not be releasing personal data subject to the Act at all.
- Alternatively if the school had canvassed the wishes of parents and guardians and they had agred to the relase then there would be no questions of the DPA preventing disclosure.
Q. What should I do if I have concerns about the way photographs have been used in newspapers or magazines?
A. If schools or parents have concerns regarding the use of photographs by the Press they should contact the Press Complaints Commission.
Q. What should I do if I have concerns about the way in which images have been used by TV companies?
A. The Office of Communications (Ofcom) 's programme code states that programme makers must have due regard to children's welfare at all times and that interviewing of children requires that the consent of a parent or guardian, as well as the child be sought beforehand, with exceptions only for the least sensitive interview topics. Schools or parents should contact OfCom if they have any concerns regarding the use of filmed images by TV companies,
