VIC What are the laws around publishing and sharing my photography of other people?

[legalstudent]

I am a portrait photographer in Australia. I want to publish and share images I have taken on ABC Open and other sites. Some of them show other people (mostly minors/children under 18) who have said yes to me taking their photo, but I have not received their parent\'s permission. Am I allowed to publish or share these without their parent\'s permission?

Please note: These are people I met in public places (eg. a local park) and I do not know them or have a way of contacting them or their parents. The photos are of them in these public places, not in any private areas.

 

[Scruff]

Privacy is really a civil matter, so I doubt that there is any law restricting you here.

The problem that you have is that if you publish the photos and someone decides to take action, the only consent you have is from a minor. Because of that alone, you will probably lose.

My advice is

1. always get "written" consent from a parent or guardian, and
2. make sure that the consent is for the intended purpose (ie. clearly states what the photos may be used for).

In other words, have a standard consent form, two copies signed - one for you and one for the subject or parent/guardian if the subject is a minor.
Personally, I wouldn't publish anything where the only consent is from a minor.