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I was out taking some photos, and came across the skating park. I wanted to get a few shots of the park itself - all the curves and graffiti are making it interesting. However, there were boys skating and I ended up taking a few shots of them on the platform and in the air.
The boys - I must say, the kids - probably early teens, 11, 12 years old - were curious and happy to be models for me, and of course, they wanted to see the photos, which I showed them on my camera. I also told them that I can send the photos to them via email.
At first, that seemed like nothing wrong.
And then, it hit me.
Was that inappropriate? Could that be misunderstood for something dishonest?
I am an adult female. The boys are minors, I've never seen them before, I have no idea who they are and I'm about to contact them and send them photos over the internet. Somehow, that sounds wrong.
I started composing an e-mail, and suddenly, the more I wrote, the more I gained a different perspective. I put myself in their parents shoes - and I was certain that reading that e-mail might trigger some alarms. Could they believe I'm trying to lure their kids into something wrong?
Just to be clear - I wrote an honest e-mail, saying that I'm sending the photos, saying that I believe they were minors and telling them they should let their parents know they can contact me if they want to, leaving my contacts and name. The more I wanted to make clear that I have no dishonest intentions, the more it sounded wrong. Like I was defending myself for something I haven't, nor I will be doing.
I've consulted a lawyer who told me I did nothing wrong by taking the photographs in public area. But I never got the answer about sending the photos to the kids.
Still haven't sent the e-mail. Maybe I should just keep it simple, attach the photos and say "there you go, boys, have fun!".
Many people assume, wrongly, that the restrictions regarding taking photographs in public places are much more rigid.
What I know for sure, based on yesterday's hours online looking at the laws in Ontario:
- the photographers are free to take photos in public places - whether you have people or children in a photograph, there is no law that states that's wrong - except if the photographs are indecent, of course
- there are certain public places for which you have to have a permission to take shots, but those are rare and it will usually be stated clear somewhere on the area, so you'll know
- you are allowed to publish and post photographs of random people or children online, without their permission - except if the photographs are indecent and if you're making money or using them for advertising, in which case you need their approval and are obligated to pay them for it in some cases
- basically, a common sense and morals should dictate the actions - if the photos are inappropriate, you shouldn't have taken them anyway (especially of kids), and if an adult is a model, you need their permission.
Here's one of the documents I found and it's pretty clear about most of the things you should know:
I'm sure many of you have already been in this situation - I haven't, so I got puzzled. I knew about the laws I stated above, but I'm still afraid to send the shots to the boys. There's nothing I can find to make myself sure what I'm about to do can't be considered as something wrong.
Am I making a big deal out of this? Sadly, I must conclude, we live in sad times, when I spend the whole day trying to figure out how an ordinary and kind gesture can be interpreted as something dishonest. Expressions like "internet misconduct", "internet luring", "children photographs distributing" are not leaving my mind.
The boys were happy about the photos, and I just don't want to let them down. I promised I'd send the photos. I don't want to break that promise, not tough I'll never see those kids ever again. Not my style. Should I've not made the promise in the first place?
The boys were happy about the photos, and I just don't want to let them down. I promised I'd send the photos. I don't want to break that promise, not tough I'll never see those kids ever again. Not my style. Should I've not made the promise in the first place?
Feel free to share your opinions and experiences if you ever been in similar situation. I'd love to hear some thoughts on this dilemma...
