As I understand it, there are some people concerned with my taking photos and posting them on facebook.
In summary, and as described in more detail below:
- The LAW says we can take photos without permission and publish them without permission.
- Rowing QLD encourages the publication to promote the sport.
- The Member protection policy says
"Wherever possible" <-- That's interesting and not compulsory.
A) get permission
B) Parents should understand how the image will be used.
C) Images should be relevant to the sport.
By signing up to rowing, every rower & parent agrees to this when they register:
11.PHOTOS/IMAGES I acknowledge that RA, My SSO [=Rowing QLD] and CSAR [=Club] may make, create, store, record, transmit, reproduce photographs and electronic images of me and I consent that they, or their authorised third parties, may use these photographs or images for proper purpose without identification or compensation of any kind
Given that we row in a public space, where anyone can legally take photos and post them it seems bizarre that we would consider a policy of our own that prevents our members from doing the same.
Rowing qld policy specifically mentions “ALL PERSONS” and this surely implies individual posting on social media as “ALL PESONS” would not have access to post officially.
PRACTICALITIES
If we are going to restrict this to official postings then how does one enforce such a policy.
Do we stop kids from posting ?Parents?
The most impractical policy would be where individual people can decide.
The LAW
Lets be really clear on what the LAW actually IS.
As shown below, the Law is that we can LEGALLY take photos and publish them unless the photos contravene some decency tests or are for commercial purposes as described below..
“Taking Photos of children at sporting events”
https://www.playbytherules.net.au/got-an-issue/child-safe-sport/taking-images-of-children
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)
- being used for voyeurism or made for the purpose of observing and visually recording a person's genital or anal region
- protected by a court order (eg. child custody or witness protection)
- defamatory
- being for commercial purposes (person's likeness is used to endorse or entice people to buy a product).
Partial Quote
“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”
So remember Jo blow general public can take photos of our kids and publish them wherever they like. So why would we make tighter restrictions on ourselves.
Rowing Queensland
On the Rowing Queensland web site.
https://cdn.revolutionise.com.au/cups/rowingqld/files/rwhjxwgm2ovoijc3.pdf
Rowing Queensland Guidelines
Social Media, Blogging and Internet Guidelines for Coaches, Staff and other Rowing Queensland members.
I note it says and I quote
“The challenge for all Persons bound by these Guidelines is to promote rowing even further, including through the use of social media, enhancing the credibility that has been developed over more than 130 years of success on and off the water.”
Sure looks like they are promoting posting on social media.
They specifically mention “ALL PERSONS” and this surely implies individual posting on social media as “ALL PESONS” would not have access to post officially.
Rowing Australia
https://www.rowingaustralia.com.au/wp-content/uploads/2015/02/RA-MPP-updated-3-May-2016-update.pdf
6.2 Taking images of children
Images of children can be used inappropriately or illegally. Rowing Australia requires that individuals and associations, wherever possible, obtain permission from a child’s parent/guardian before taking an image of a child that is not their own. They should also make sure the parent/guardian understands how the image will be used.
To respect people’s privacy, we do not allow any photography including without limitation camera phones, videos and cameras, inside changing areas, showers and toilets. When using a photo of a child, we will not name or identify the child or publish personal information, such as residential address, email address or telephone number, without the
consent of the parent/guardian. We will not provide information about a child’s hobbies, interests, school or the like, as this can be used by paedophiles or other persons to
“groom” a child.
We will only use images of children that are relevant to our sport and we will ensure that they are suitably clothed in a manner that promotes participation in the sport. We will seek
permission from the parents/guardians of the children before using the images. We require
our member associations and clubs to do likewise.
Anyone Else
So we have had The LAW, Rowing Queensland & Rowing Australia Polices and guidelines,
I am sure one can search around and find whatever publication one wants to support one's argument. I assume get ever more and more restrictive in the name of “best practice”
Rowing Sign Up
The terms and conditions can be downloaded from here
Standardised Terms and Conditions - download.
The relevant paragraph is:
11.PHOTOS/IMAGES I acknowledge that RA, My SSO [=Rowing QLD] and CSAR [=Club] may make, create, store, record, transmit, reproduce photographs and electronic images of me and I consent that they, or their authorised third parties, may use these photographs or images for proper purpose without identification or compensation of any kind
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