Photographs of children

The law relating to harassment, invasion of privacy and data protection applies in the same way to children as to adults, but the child does not have the legal capacity to consent and a parent or guardian must consent on his behalf.

It is a criminal offence to take an indecent photograph of a child under the age of 18 or to make a photograph that appears to be such (e.g. by pasting an image of a childs head on an image of a nude adult body).

The editors’ code provides that journalists must not interview or photograph a child under 16 on subjects involving the welfare of the child, or other children, without the consent of the parent of the child.

A child under 16 cannot be used as a paid model unless a license is obtained from a local authority.

It is not illegal as such to photograph children in a public place, however in some circumstances it will almost certainly draw the attention of the police and may result in the photographer being investigated. In Scotland it may be treated as a breach of peace. It is advisable to get at least verbal consent from the parents wherever possible.

Many organisations and local authorities involved in children’s sporting and other activities have, as part of their child protection polices, strict rules about photography at events. It is worth enquiring about the policy before attempting to take photographs at such events, even if you are the parent of a child taking part.