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School nativity – danger in the manger?

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IT’S the time of year when every parent enjoys watching their little darlings perform in the school nativity play. It used to be that the show was documented by hundreds of proud parents snapping away on their cameras, but more recently school politics and privacy issues have come into play, with some schools ruling that it is unacceptable to take pictures or videos of the show.

But what is the legal position when it comes to videos and photographs of school events? Are schools able to impose a blanket ban? If you ignore the school’s photography policy, what legal action can they take against you? And if another parent shares a group shot featuring your child, without permission, can you force them to take it down.

Anthony Di Palma, Solicitor at DAS Law, looks at the photographic minefield that is the school nativity play for The Herald.

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 a 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.

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Llanelli ‘Banksy’: Mayor covers graffiti rat in protective plastic

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LLANELLI Mayor David Darkin believes graffiti found on charity shop wall could potentially be a Banksy.

The piece has been covered with protective plastic by the council while they determine the authenticity of the piece.

David Darkin, Mayor of Llanelli told this newspaper: “I was approached by a local artist Roz Moreton, who believes the artwork is a Banksy in an attempt to preserve the piece.

Roz who studied art in Bristol and lived in London has said she has been exposed to numerous Banksy works including his rats on Westminster Bridge, and spotted the ‘rat’ straight away.

Darkin added “She first spotted the graffiti around ten years ago, but she kept her findings to herself so that she could go back and visit the work.

“It was only after the recent news of the incident in Swansea, where part of a suspected piece of Banksy artwork was stolen, that she decided to approach me to ask for help to protect the piece”.

The art dealer who bought Banksy’s ‘Season’s Greetings’ which appeared on a garage in Port Talbot in December, has met with the mayor in Neath to view images of the artwork.

John Bradner, Essex based gallery owner, paid six figures for the Port Talbot addition, is planning on visiting the site to see the piece for himself.

Mr Darkin added “After showing John Bradner the images he is fairly confident that the piece is Banksy’s work, the fact it was spotted ten years ago ties in with ‘Banksy’s rats’ which was his theme at the time when they appeared across industrial towns.

“Mr Bradner called me yesterday and asked if there was anything else I can do to preserve the piece until he comes to view it in a few weeks to check its authenticity.”

Speaking on the piece Councillor John Jenkins said “Fingers crossed it is a Banksy, but worst-case scenario it isn’t and is still a talking point and people still come and see him.”

Speaking to Mr Darkin he said no attempts have been made yet to contact Banksy to confirm the piece as far as he is aware.

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36 charges relating to chemicals and components for making bombs

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A 33-YEAR-OLD male  is facing 36 charges relating to chemicals and components which can be used to make bombs.

He was remanded in custody at Llanelli Magistrates’ Court on Friday (Feb 15)

The man, from Port Talbot, was arrested in October 2017 in an operation between counter terrorism officers, South Wales Fire and Rescue and The Welsh Ambulance Service.

Detective Superintendent James Hall said no known links to terrorist offences or groups were found. The man will appear in court again at a date to be fixed.

He has also been charged with possessing a taser and manufacturing and possessing class A drugs.

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University makes formal criminal complaint

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A FORMAL criminal complaint has been by made by Swansea University, as part of the ongoing investigation into the issues surrounding the recent suspension of four members of staff.

South Wales Police said: “Dyfed-Powys Police and South Wales Police can confirm that they have received a complaint which is currently subject of consideration by both forces.”

Last November, the university’s Vice-Chancellor Prof Richard B Davies, Dean of the School of Management Prof Marc Clement, as well as two other members of staff, who have not been named, were suspended.

Prof Davies has been suspended for alleged gross negligence whilst Prof Clement was suspended for alleged gross misconduct. Both individuals have denied any wrongdoing. Registrar Andrew Rhodes confirmed at the time that this action was taken after an internal investigation.

In a statement, the university said: “Swansea University has been in regular dialogue with the authorities since November 2018 based on the findings of our initial investigation. A formal criminal complaint has been made and the matter is with South Wales Police and Dyfed Powys Police. We will of course continue to co-operate fully with them. Our processes, which are being carried out by an independent investigating manager, are ongoing.”

The investigation has looked into the academics’ involvement in both the £200m Life Science and Wellbeing Village project in Llanelli, and a £600m plan for a private medical university and hospital in Kuwait.

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