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Do we really have to wait until a photographer is prosecuted or evidence of the negative consequences of the publication of a photo on a child are clearly documented?

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In July, prompted by recent controversies [1] , we drafted and sent out an open letter that presented a modest set of recommendations on what action the photography industry could consider taking in order to begin addressing these issues. It was aimed at those who publish photos, provide grants to photographers, and those who run photography competitions see below for the full list of those organisations that were contacted. It also included details of what constitutes informed consent and duty of care, aimed at photographers.

Have we been blind to the exploitation of children in photography?

The letter is reproduced in full below, including excerpts from some existing relevant guidelines. Below that are the formal responses from organizations who received the letter. It goes without saying that the answers to the issues raised here do not reside in our letter alone, nor the responses to it. Change of this kind is often a slow and complicated process. Just because our response may not be perfect, especially at first, does not mean we should not try. We hope that the letter and other activities that follow will generate debate and momentum, which over time will change attitudes and practices in working with children and how they are represented that respect their rights, present them in a dignified way, and are not exploitative.

The protection of vulnerable and abused children [2] should be of paramount importance to us all, and no less the case in the photography sector. We have an obligation to ensure that children do not have their rights violated or are put at risk through the production and publication of their images. The basis of our actions in this regard should be firmly grounded in international and national legal standards that seek to protect children from abuse, exploitation, and trauma. In doing so, we should hold ourselves to the highest ethical standards regarding the reporting on and representation of vulnerable and abused children.

Where practically possible, we should ensure that informed consent is sought and given by children and their trusted guardians. In cases where children have been sexually abused, it is vital that their identity is protected [3]. With this in mind, we call on editors, publishers, photography agencies, and photo award bodies to consider adopting the recommendations laid out below.

In making these recommendations, it is understood that guidelines inevitably cannot speak to all possible situations. However, we believe it is better to implement systems of protection and remind ourselves about our obligations, than not do so because the task is perceived as too difficult. In Appendix 1, we lay out some, although not exhaustive, considerations that such consent practices could involve. The following recommendations are primarily aimed at organisations that publish, commission, and fund photography.

We hope that through their leadership on this issue we can reflect on, reform, and evolve how vulnerable and abused children are represented in photographs. This should include guidance to photographers working for that organisation and in photography competition rules;. Consent should form the basis of the production and dissemination of images of children that respects and protects their rights to express views, to information, to privacy and to protection from violence and abuse.

Photographers should, wherever practically possible, seek consent from the child and their legal guardian when carrying out their work.

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Consent must be: i understood; ii freely given; iii informed; and iv specific. It is important that effort is made to ensure all the above factors are present when seeking consent. Consent is a pro-active process and should never be assumed due to other forms of previous cooperation. It is also not a one-off event but an on-going process. Consent to be photographed at one time does not mean consent to be photographed in the future, nor does it mean that consent cannot be withdrawn, or that consent applies to all situations and locations.

Consent can only ever be considered to have been freely given if the child believes they are able to decline, giving them a meaningful choice. This choice may not be as immediately obvious to children as it is to adults, thus, must be explicitly communicated.

Photographers should be aware that children may believe there could be benefits to them participating, thus, it is important that expectations are clearly managed. How an individual or community benefits from being photographed can never be precisely quantified.


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As such, photographers should only state how they intend to use the photos rather than perceived or possible outcomes. In contrast, consent also can only be considered informed if the risks of cooperation are also explained and considered.

Account Options

Photographers need to determine that children are able to understand why they are being photographed and the potential consequences of participating and their photos being published. It is important to assess these skills, including their maturity and ability to make decisions, when determining whether informed consent can genuinely be given.

Other factors that impact maturity should be considered and decisions made on a case-by-case basis. Consent signifies the approval by the participant for the information, photographs, video, and audio to be used as explained.

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Consent can be given with or without limitations. Informed consent includes an understanding of any risks involved in being photographed and having the photographs published. In addition, gender, armed conflict, social violence and poverty can increase the risk for the child and their ability to access protection mechanism. When assessing risk, the photographer should consult with relevant experts, and if they conclude the risks are too high, the photographer should not proceed with photographing them even if the child has consented.

The sources cited below are by no means exhaustive and consideration on what principles to apply should be taken based on the specifics of the organisation and the type of work it does. Some of the standards quoted below are intended for national governments, however the principles of protection can also be applied to non-state actors such as civil society organisations and businesses. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by:. Guidelines for reporting on children. Always change the name and obscure the visual identity of any child who is identified as:. A victim of sexual abuse or exploitation.

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Guidelines for interviewing children. Obtain permission from the child and his or her guardian for all interviews, videotaping and, when possible, for documentary photographs. When possible and appropriate, this permission should be in writing. Permission must be obtained in circumstances that ensure that the child and guardian are not coerced in any way and that they understand that they are part of a story that might be disseminated locally and globally.

When in doubt about whether a child is at risk, report on the general situation for children rather than on an individual child, no matter how newsworthy the story. Ethical journalism treats sources, subjects, colleagues and members of the public as human beings deserving of respect. Pursuit of the news is not a license for arrogance or undue intrusiveness. Use heightened sensitivity when dealing with juveniles, victims of sex crimes, and sources or subjects who are inexperienced or unable to give consent.

Consider cultural differences in approach and treatment. Weigh the consequences of publishing or broadcasting personal information. Consider the implications of identifying criminal suspects before they face legal charges. Provide updated and more complete information as appropriate. Treat all subjects with respect and dignity.

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Give special consideration to vulnerable subjects and compassion to victims of crime or tragedy. Intrude on private moments of grief only when the public has an overriding and justifiable need to see. Sensitivity to and respect for the human rights of everyone represented in images that receive awards is critical and expected, as stipulated in our entry process and mission statement.

We appreciate your hard work in this matter and, again, thank you for including us in your outreach. However, it is important, always, to take into account ethical considerations of photography, and to protect vulnerable people from potential harm that could be inflicted as a result of publishing images that expose or identify individuals or groups who may be, or may become, vulnerable as a result of the publication of photographs.