Children Filming Permission

TrueBassist · #1 (**permalink**) 08-30-2008, 01:36 PM

Just a quick question but an important one...

Doing some filming on Tuesday to get some vox pops for an Alpha Course I'm running...was wondering what the exact law is on filming under 16's without parents' permission.

Thanks!

shanewhittington · #2 (**permalink**) 08-31-2008, 07:42 PM

illegal

Don't do it. It would only take one parent to take exception for it to come back and bite you in the arse.

Mark W · #3 (**permalink**) 08-31-2008, 08:00 PM

WRONG. ^^^^^^^^^^^

Simply stated - in a public place you can film anything you want and as long as your camera is in full view screwed up paranoid parents with gary phobias can go swing - but that dont mean they wont swing at you.

TACT advised but remember self censorship is the most dangerous kind.

I assume you are not currently on the sex offencers reg ? ? ? ? Then it gets comlicated

EDIT

Just a bit more - in medical law children are seen as competant to give consent as a general rule and thier consent over rules that of parent or guardian.

edit

But having said that i cant afford to bail you on chagres so ask and be nice is the rule. I generally am not nice and dont ask and no one hit me yet.

shanewhittington · #4 (**permalink**) 08-31-2008, 08:04 PM

Originally Posted by Mark W

WRONG. ^^^^^^^^^^^

Simply stated - in a public place you can film anything you want and as long as your camera is in full view screwed up paranoid parents with gary phobias can go swing - but that dont mean they wont swing at you.

TACT advised but remember self censorship is the most dangerous kind.

I assume you are not currently on the sex offencers reg ? ? ? ? Then it gets comlicated

I don't know, you're probably ok without permission if there's kids just milling around in the background (I still wouldn't risk it) but if you're interviewing/vox popping then I'm sure you need parental permission.

Mark W · #5 (**permalink**) 08-31-2008, 08:07 PM

NO YOU DONT - but it sure wont stop them moaning on.

Shane - have you noticed all the CCTV cameras that dot our world.... nuff said.

shanewhittington · #6 (**permalink**) 08-31-2008, 08:20 PM

OK, i've looked into this now..... If you're interviewing anyone on camera for a production that is not for personal use then the interviewee must sign a release form for data protection purposes. Under 16s are not considered adult enough to do this and so this must be signed by a parent or guardian.

Under 16s that just happen to be in the background should be fine but it is recommended that you make people aware that you are filming by putting up signs (as well as not concealing your camera)

Hope this helps

Marc Peters · #7 (**permalink**) 08-31-2008, 09:34 PM

This thread is yet another in a long line of contradicatory information on UK law. There's been rather too many recently and I'm not comfortable with the forums being associated with advice on interpretation of UK law. Wouldn't it be wonderfully ironic if I got sued for the site providing the wrong information? It's a real possibility.

Simply put, we can't guess when it comes to legislation. If you don't definatively know an answer based on legal advice, then please don't post. Normally I wouldn't be so prescriptive about what users should and shouldn't post, but I don't want to be accussed of providing misleading interpretation of UK law.

I'm happy to look into getting legal advice on these matters for publication. This would be made available to subcribers. Would this be something people would be interested in? On that note, what are the common misconceptions re: filming in the UK?

TimStannard · #8 (**permalink**) 08-31-2008, 10:55 PM

Originally Posted by Marc Peters

I'm happy to look into getting legal advice on these matters for publication. This would be made available to subcribers. Would this be something people would be interested in? On that note, what are the common misconceptions re: filming in the UK?

Marc, that would be a great service to all subscribers and to UK videomakers in general. The cost of this advice would, of course, be a consideration (how you would meet this cost and how we could compensate you).

I do fear, however, given the contradictions that are rife, that most situations are not clear cut and no lawyer will go out on a limb and state "you can do x but not y" (which is basically what we want to know)

I fully understand your concern about your responsibilities regarding "publishing" the views of members. I would be a great shame to have to remove such debates though. Perhaps you could seek advice as to whether it's possible to have such debates without you (or any of the posters, even) being held legally responsible?

TrueBassist · #9 (**permalink**) 08-31-2008, 11:52 PM

I'd second that idea Marc...I understand that the interpretation of UK law especially regarding this area is very very dodgy and unless you can 100% say "this is what it means", you shouldn't say it.

Saying that...debates on whether the law is fair / right and the opinions of the forum users is great to keep the boards hot and active. Maybe we could have a thread based on Current Law Relating To Video Production or something similar! Of course, plastered everywhere would need to be your get-out-of-jail (hopefully not literally!) free card which explains the topics discussed here are merely opinions of people, not those of the board and nothing here should be quoted as "correct" UK Legislation.

Anywho...after explaining the situation to the client, he has decided it's too much hassle!
Thanks for the help everyone.

Mark W · #10 (**permalink**) 09-01-2008, 12:22 PM

Marc you are so right about this. I have a pet legal person - she does criminal law but may know - and I suspect Guru will have the exact bit s of legalese to hand when he returns.

However - acting in a non legal capacity I feel I must say again the general principle is that in a public place with a visible camera you can film ANYTHING and you NEVER need to ask anyone for permission to do so.

Same as you can look / photogrpah / draw / paint / remember the things you see.

I have been filming people in public for seven years at all sorts of events - often demos surrounded by police. People have often told me I cant film - often sec and police - I have always said 'yes i can - go away or arrest me / call the police' - never got arrested - sure pushed about a bit by the rozzers on occasion but that is just the game sometimes.

You DONT NEED RELEASE FORMS per se - BUT most distributors will insist - but again if you are in a public place and your cam is in full view that is not required. I mean come on it's a no brainer. I film a demo - I go to sell the vdieo to the BBC news - are they going to ask for 1238 release forms -NO - NOT.

It is tempting to live in fear of big brother as a confusing mess of so called 'anti terrorist' legislation has been rushed thru parliament but as film makers we are documenting the present for our descendants and in my view film makers have a moral responsability NOT to be intimidated by idiotic and clumsy legislation ( not much applys) and lazy paranoid assumptions.

My attitude is - get the shot first - argue later.

( please note again I am not acting in a legal capacity)