School nativity plays: The dos and dont's of photographing your kids

Whether they are Mary, Joseph or one of the three Wise Men, it's one of those precious milestone moments that they will desperately want to capture.

It used to be that the play was documented by hundreds of mums and dads snapping away on their cameras or phones or recording the whole show on video.

Ten years ago nobody thought twice about photographing a nativity play or other school event such as a sports day.

But more recently school rules and privacy issues have come into play, with every click of the camera being questioned and some ruling that it is unacceptable to take pictures or videos of a production or football match.

This can put parents in a tricky situation when it comes to a school nativity because their child's first stage performance is certainly one they will want to preserve for the future.

It can be difficult to know the legal position is when it comes to videos and photographs of school events.

According to the Information Commissioner's Office, images taken for personal use and destined just for the family album are not subject to the Data Protection Act.

But some schools will simply impose a blanket ban on photography on their property leaving parents in a quandary.

There are also some grey areas when it comes to sharing pictures on social media. Sites such as Facebook and Instagram make it incredibly easy for these moments to be shared with friends and loved ones.

And it's fine when a parent makes the decision to make a photograph of their child public.

But if another parent shares a group shot featuring your child, without permission, can you force them to take it down?

Here Antony Di Palma, solicitor at DAS Law, answers some common questions surrounding the photographic minefield that is the school nativity play:

• My child’s school has a photography policy which states that there is a blanket ban on taking photos at the nativity play. Is this legal?

Any owner of private property may restrict the use of photography or video equipment on the premises. If ignored you may be asked to leave and may be deemed to be trespassing if you refuse.

• I signed my child’s schools consent form stating I won’t take any photos. What legal ramifications will I face should I choose to ignore the policy?

The consent form is unlikely to be legally enforceable as a contract if there is no financial loss to the school and there are no laws generally against taking photographs of your own or other people’s children as long as the photographs are not deemed ‘indecent’, or are likely to have the effect of harming or harassing the children.

• Are there any laws against sharing group shots of my child’s nativity play photos online?

As best practice it is advisable that parents should avoid sharing photographs of children without obtaining prior consent of that child’s parent or guardian.

However, as long as the photographs are not deemed ‘indecent’, or are likely to have the effect of harming or harassing them then there is nothing legally stopping you from doing so.

• What legal action can I take against people that share group photos of the school nativity play on social media that include my child without my permission?

You can ask the person to remove the photograph, however if they refuse there is no realistic legal action you can take.

Privacy laws under the Human Rights Act cannot be enforced against other private individuals and unless you own the copyright in the photograph or the image is offensive or indecent then the social media site has no obligation to remove that photo if it is reported to them.

• If I blur out other children’s faces can I share school play photos online?

You don’t have to blur out children’s faces in order to share them online, as the Data Protection Act doesn’t apply to photographs taken for private use and which do not identify the child (i.e. name them).

However, if you would be concerned about images of your own child appearing without your permission, blurring out other children’s faces may be a sensible step to take.