Photographing Minors

Discussion in 'Finance, Property, Law' started by ouyin, Sep 2, 2009.

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  1. No not me you perv's.

    To give the background, our neighbours and ourselves have been in a dispute about planning permission for a building at the bottom of their garden. To cut a long story short my family complained to the council and the matter is being investigated. The neighbors didn't like this in the least.

    The issue: they have now begun to photograph us, including my 14 year old sister on our property and when asked why they were doing it replied "so that you now what it feels like to be intimidated". Needless to say I don't believe trying to solve a planning dispute through the council is "intimidation" so I'm a little miffed. In fact I'm bloody angry that they are doing this to my little sister who has felt pretty scared about it.

    The question: Is there legislation regarding photographing minors on private property without parental consent? Could I have chapter and verse of the rules if possible. If not could someone point me in the direction of where I could find clarification regarding this.

    I couldn't give a toss about these people photographing me or my parents, but my little sister is feeling seriously intimidated to the point of not actually going into the garden. Any help would be very much appreciated.
     
  2. Make an official complaint to your local council of harasment and also inform the police.
     
  3. Here is something I came across from www.photosecrets.com/

    There are three caveats: privacy, trespassing and publishing. You can't photograph people who have an expectation of privacy; if the security guard demands that you leave, you must (but you can still take photographs, that's a different thing); and, although you can legally take a photograph, there are more restrictions if you want to publish that photograph (e.g. sell the shot or put it on the Internet). We'll cover those caveats later.

    privacy: http://www.photosecrets.com/law.privacy.html

    trespassing: http://www.photosecrets.com/law.trespassing.html

    publishing: http://www.photosecrets.com/law.sell.html

    NOT SURE IF ALL THIS IS CORRECT BUT A STARTER FOR 10
     
  4. Sympathetic_Reaction

    Sympathetic_Reaction LE Book Reviewer

    As the others have said, there is nothing stopping people taking photos of anyone on your property from outside your property. BUT constant harrassment by taking photos is illegal, possibly as well as invasion of privacy, you will also find that if they have stored the photograph on thier computer along with any identifying features (name of person, location, age etc) then they may fall under the Data Protection Act, which is another matter over and above the Harrassment law.

    Personally I'd start making a log of date/time when it occurs, make sure they know you are doing this, and then report to the police.

    S_R
     
  5. Start photographing them photographing you.

    Phone the plod and let them know what your neighbour is doing.
     
  6. Can you post a pic of your 14 yo sister here?
     
  7. As part of work we keep a website of our students training, and to take a photograph of a minor needs written consent. We send out letters to parents, that includes estranged parents if that is the family situation, not to publish but to take the photgraphs in the first place. But as it was said keep a record of the incidents as it may become a legal matter later.
     
  8. I would suggest that you look at: Protection from Harassment Act 1997, s.2, and or, Crime and Disorder Act 1998, s.32.

    (NOTE: all the below is taken from Magistrates court sentencing guidelines)

    Harassment: triable only summarily (means can only be tried in a mags’ court) Maximum: Level 5 fine and/or 6 months

    Starting points based on first time offender pleading not guilty

    Examples:
    Small number of incidents - Medium level community order
    Constant contact at night, trying to come into workplace or home, involving others - 6 weeks custody
    Threatening violence, taking personal photographs, sending offensive material - 18 weeks custody

    Common aggravating factors:
    Factors indicating higher culpability
    1. Planning
    2. Offender ignores obvious distress
    3. Offender involves others
    4. Using contact arrangements with a child to instigate offence

    Factors indicating greater degree of harm
    1. Victim needs medical help/counselling
    2. Action over long period
    3. Children frightened
    4. Use or distribution of photographs


    So if and when you contact the Police, you need to use some key words, which are that you feel harassed, distressed and alarmed, the action has gone on for a long period and most importantly your children feel frightened.
     
  9. If the photographer is an adult male he could end up down the station answering questions without tea and biscuits if you made a formal complaint to the Police.
     
  10. If the photographer is femail they can too, it si a gender free rule
     

  11. True, but ringing up the plod and saying… 'Some old bloke is photographing my 14 yr old daughter inside our home with a telephoto lens' will generally get them all atwitch as the Perv Alarm sounds.
     
  12. Yup. Go with the pedo angle and plod will leap into action.
     
  13. Thanks for the information guys, very helpful.