CS10 - Filming Photography Considerations

Purpose of this Guideline

To provide guidance to owners or operators of aquatics facilities regarding child safety considerations where filming and photography activities occur within the facility.

Background

There are no specific laws which prohibit filming and photography in Australia, this includes children and young people.

There is however legislation that safeguards the privacy of individuals being filmed or photographed and the inappropriate use and exploitation of the image regarding the individual, this includes children and young people.

Description

The owner or operator of an aquatic facility should address how filming and photography will be approached with regards to safeguarding children and young people whilst in the facility or participating in any external programs and activities.

The relevant considerations, procedures and practices should be documented in either the Child Safety Policy or in other policy and/or risk management documentation.

The aquatic facility’s stated position relating to the filming and photography should be clearly communicated as a condition of entry, clearly visible before entry into the centre, thereby making it a matter of contract between the facility and the public who then enter the facility.

The processes, procedures and any relevant policy positions should be communicated to all staff, volunteers and contractors.

The facility’s approach to filming and photography may include consideration of the following matters:

• Appropriate and realistic use of cameras and camera phones
• Inappropriate use of cameras and camera phones
• Permission and use of photographs and videos which contain images of children and young people
• Posting photography and video to social media platforms which contains images of children and young people
• Arrangements for professional videographers and photographers

Appropriate and realistic use of cameras and camera phones

An aquatic facility owner or operator should state whether the use of cameras and camera phones within a facility, program or activity is permitted.

The use of cameras and phones should be banned from use in changerooms.

Aquatic facilities should take seriously that their users want to celebrate aquatics and that this is a valuable activity for aquatic facilities, communities and for drowning prevention.

Personal smart phones also act as resources of communication for employees, staff, and third parties in the case of an emergency.

There is also realistic expectation for a parent or carer to record their child or young person’s sporting achievements. This is usually done in an appropriate manner with genuine intentions of only recording their own child or young person and no one else’s.

Given the popularity of camera phones and how aquatic facility users are likely to want to photograph, video and/or promote their own children’s achievements and experiences in the water on social media and to family members, a blanket ban of mobile phones and cameras is likely unrealistic and unnecessary.

An approach which balances the likely and reasonable expectations of good parents against the possible harms of those who seek to do harm is recommended.

Inappropriate Use

An aquatic facility owner or operator should ensure rules are in place to prohibit inappropriate filming and photography in aquatic facilities and associated activities.

What is inappropriate filming and photography may change with community standards over time, but is likely to include and not be limited to photos or videos taken:

• Indecently, which includes any form of nudity, ‘up skirting’ or ‘down blousing’ or any footage obtained covertly
• Of children and young people who have no relation or association with the person taking the photos or videos
• Within a private area such as change rooms, toilets or showers (this includes open showers located on pool decks)
• For the purposes of voyeurism (see definitions)
• Any part of the body with the intent of sexualisation of the body or part
• For commercial purposes without permission of the individual (or if they are too young to provide consent, their legal guardian)
• Of individuals protected by court order (usually in an abuse or domestic violence context, this can divulge an individual’s location and place them in danger)

Permission and use

An aquatic facility owner or operator should ensure rules and a procedure are in place to enable photography and video to occur under certain approved circumstances.

Professional videographers and photographers

In the event that a professional videographer or photographer is attending a facility, program or activity the aquatic owner and / or operator should provide prior notice to employees, volunteers and third parties where reasonably practicable.

Implementing key procedures may assist with safeguarding children and young people, such as:

• Professional photographers and videographer should be subject to the appropriate checks made by the relevant child protection authorities within the jurisdiction.
• Any professional photographers or videographers should be clearly identifiable when in the capacity of photography and filming at a facility, program or activity.
• The purpose and use of the film and / or images should be clearly stated prior to the film and photographs being taken and parents and carers be informed of the end location and use of such imagery and footage.
• Written permission should be sought from parents and carers prior to filming and photography being taken of their child or young person with the acknowledgement and understanding of the arrangement with the aquatic facility owner or operator.

Other considerations

Professional photographers, videographers, members of the media, unauthorized coaches, employees, volunteers, spectators, fans or other visitors to a facility, program or activity should not be permitted unsupervised access to children or young people.

Any employee (i.e. coach) should inform a parent or carer if they want to film an athlete as a tool to review and develop performance. This should be avoided unless necessary for athlete development and is generally not required for young children.

Social Media

An aquatic facility owner or operator should be aware of the increasing use and popularity of social media platforms relating to their activities, venues and programs.

This is due to the advancement in technology and ease of access. It is also due to parents and carers wanting to celebrate their child or young person’s achievements.

Provide clear messaging about the importance of child safety in online/phone interactions, and explain to staff, parents and carers, and children and young people how you are managing the safety risks associated with these technologies

Provide clear guidelines for staff about acceptable and unacceptable forms of online and phone contact with children and young people, and convey clear consequences for breaches

An aquatic facility owner or operator should consider providing guidance to their patrons on responsible use of filming and photography within the facility and its programs in the context of protecting children and young people and the general privacy of other patrons.

Communication

An aquatic facility owner or operator should clearly communicate the filming and photography rules and any policy considerations within the facility and at any programs or activities taking place at other locations. (i.e the other local aquatic facility)

Employees, volunteers and contractors should be trained and/or inducted to ensure they are competent in communicating to members and visitors the facility’s positions on filming and photography.

Complaints process for filming and photography

A complaints process is recommended to be implemented in relation to inappropriate or non-consensual filming and photography at the facility or in association with its programs or services.

The process should be documented and accessible and visible for members, visitors, parents and carers to access.

A complaints process for filming and photography may include the following:

• Management has a commitment to child safety and safeguard young people
• If you suspect an individual is filming or taking photographs inappropriately in this facility or during an event, program or activity in association with this organisation please let one of our employees or volunteers know, or a supervisor.
• Our employees, volunteers and supervisors are all trained and will take the matter seriously.
• If there are reasonable concerns that an individual is filming or taking photographs indecently and / or in private areas such as bathrooms, changerooms, toilets or showering areas we will alert the authorities.
• If you have any further concerns please contact the centre

REFERENCES

• Filming and Photography Children Supporting Material. Australian Government Department of Immigration and Border Protection. Accessed May 2022
• Photos and Videos. Australian Government Office of the Australian Information Commissioner. Accessed May 2022
• National Principles for Child Safe Organisations (2018) Child Safe Organisations National Principles
• Legal Services Commission South Australia Photography and film in public places
• Civil Law Can You Photograph Someone Without Permission?
• Keeping Children and Young People safe online during the Covid19 pandemic, Commission for Children and Young People,