When your child’s face is used for promotional purposes

When schools closed for third term this year, my daughter’s school handed out calendars to parents. In the calendar, there were pictures of pupils from the school, involved in different activities, like being in the school band and Scout movement.

Pudd’ng is a sucker for pictures. When their school goes out for any events, she makes sure that she takes tonnes of pictures. The weekend before schools closed for third term, their school held a graduation ceremony for lower-level pupils. Pupils who had participated in the national musical festivals were also given certificates.

During such functions, itinerant shutterbugs take pictures and – thanks to digital advancement - print the pictures on the spot and, if they are fortunate, which they almost always are, they make a killing.

When I went to fetch Pudd’ng’s report book, I found the photographer – who had been in the function the previous weekend – taping the remaining pictures on the school gate. I saw Pudd’ng in a couple of pictures.

If I had money, I would have bought the pictures. You never know what these photographers do with such pictures.

Personality rights

In Constitutional Petition 343 of 2016, the petitioner was a mother suing on behalf of her child. The minor’s image had been used by two companies, without the parent’s permission.

The petitioner said that, “It is important to point out that the provisions of the Children’s Act Article 53 of the constitution and international conventions guarantee the rights to children and any infringement is a breach of the statutory and constitutionally guaranteed rights of minors.”

She added: "A person’s image constitutes one of the chief attributes of his or her personality, as it reveals the person’s unique characteristics and distinguishes the person from his or her peers. The right to the protection of one’s image is thus one of the essential components of personal development. It mainly presupposes the individual’s right to control the use of that image, including the right to refuse publication thereof”.

Pudd’ng’s school may or may not profit from the calendar. But they are certainly using it for promotional purposes. It may seem like a little issue and a parent will be thought of as a nitpicker if they complain about it.

Plus, most parents just want their children to learn in peace. They do not want their school- going children to pay for their real or perceived “sins”.

The right to shoot

I used to work in a non-governmental organisation as an information, education and communication (IEC) officer. Part of my job was creating materials – like brochures and calendars – to promote the organisation and, generally, show what we were all about.

Before we used any pictures of any subjects, young or old, we requested them to read and sign a release. We were looking ahead and trying to avoid legal issues.

I read somewhere that, if photos are taken in a public function, no law is broken. Essentially, in public spaces, photographers have the right to shoot. 

I understand. These photographers are trying to make an honest living. But I think it would be appropriate if they first sought consent before shooting, especially if the subject is a minor.

Of course, for camera-loving types like Pudd’ng – and the selfie and Instagram generation – the shutterbugs can shoot all they want.

Pudd’ng has hung the school calendar in her bedroom. I think she gets lots of kicks showing it to her girlfriends when they drop by to visit her. She thinks she is a school celeb because, of all the pupils, she was among the chosen few.