Increasing use of digital photo and video capture devices has led to concerns about when and where it is legal to take photos.
This policy outlines the legal status of photography and videography, the circumstances under which photography may be restricted or not permitted, and provides guidelines for ASF activities.
1. ASF’s role
ASF has a policy for:
Protection of ASF participants, particularly children
Clarifying the status of amateur and professional photographers in public places for ASF
Providing general information for spectators and other members of the public.
2. Photography in public places
2.1. The Law (Taken from Australian Sports Commission guidelines)
In Australia there is no law restricting photography of people (including children) in public spaces as long as the images are not considered:
Indecent (such as “up skirt” or “downblouse” photographs taken covertly in change rooms, toilets or other invasions of privacy);
Being used for voyeurism or made for the purpose of observing and visually recording the other person’s genital region;
Protected by a court order (e.g. child custody or witness protection);
Consensual photos of a child (including one’s own child) also contravene criminal laws if the child is photographed in a provocative or sexual manner.
Where an event is held on private property, or council owned facilities, the owners (or those in temporary control through a permit) are able to restrict or ban photography.
There is nothing, however, to prevent a person from photographing outside the property or permit boundary unless it is done for indecent or improper purposes.
2.2. Guidelines for ASF officials and sanctioned promoters
Photographs or videos of people in a public place may be taken without permission for a variety of innocuous reasons: parents taking photographs of their children in a group, amateur or professional photographers shooting a crowd scene.
ASF officials are not entitled or empowered to confiscate, or attempt to confiscate a person’s camera.
If an ASF official is aware of any person who appears to be taking photographs or video of competitors which might be considered “unwarranted or obtrusive”, that official should approach the person to enquire what they are doing and why they are taking the photographs or film.
Remember however that it is not illegal to take photographs in a public place, nor is consent required and ASF participants should at all times behave courteously in these situations.
If the premises are council owned but are being used under lease or licence, the body controlling the premises for that competition may remove or evict someone without reason.
If you believe that a photographer is taking inappropriate images you should notify police.
You should record the incident and take reasonable steps to remember the person’s attire, appearance and any other identifiable characteristic (for example, car registration).
At all times you should act calmly and reasonably in approaching any suspicious person.
3. Photography at official ASF Sanctioned events
ASF or its sanctioned promoter generally has control of a skatepark for the duration of the event.
Photographers should check with the relevant event promoter to determine what (if any) policies are in place in these situations.
This can normally be done by approaching an on the day of the event.
3.1. Official Accreditation to ASF events
From time to time, ASF may appoint an official photographer to provide photographic services at ASF events. All other photographers seeking access to ASF events must be officially accredited. This requires the submission of a media accreditation form (contact us here to apply). Such accreditation may require the photographer to provide proof of any relevant “Working With Children” accreditation.
Accreditation is granted on the express condition that any photograph/film/imagery taken of competitors during or in connection with any of these events may only be used for editorial and non-advertising purposes.
Any commercial reproduction of photographs (including on-selling of images or forwarding to external organisations) must receive prior written approval by ASF.
Accreditation passes are non-transferable.
An accreditation fee may apply, and, if so, must be paid prior to the issue of the accreditation.
Only ASF accredited photographers are allowed onto any “controlled” competition areas at any ASF sanctioned Championship. Any other photographers can and may be asked to leave.
3.2 Displaying images of Children
The Australian Sports Commission has produced guidelines regarding publication of images of children.
Only use appropriate images of a child, relevant to the sport or activity, and ensure that the athlete/child is suitably clothed.
Reduce the ability for direct copying of pictures from a website to another source (i.e. disable the “right mouse click” function).
Clearly outline in a written contract to photographers who are contracted or paid to take photos, who will retain the images taken, include arrangements made for negatives, digital file and proofs and outline any restrictions for use and sale.
Provide details of who to contact and what to do if concerns or complaints of inappropriate image use are raised.