Media Photography

I’ve been meaning to write this column for a while, and the topic has come up recently. It’s time to discuss the relationship between newspaper photography and the public.

It’s important to understand the differences between legal aspects of photography in journalism and common misconceptions. Regulations for newspapers do not apply the same way to social media. Newspapers are accountable for their content and must provide proof, while social media users can post without facing the same legal responsibilities.

Newspapers and the law

As the publisher of the Robertson County News, I set our photography guidelines. Community newspapers generally show more respect for their local communities than larger metropolitan papers like those in Waco or Bryan. This isn’t a criticism of those publications; I just want to highlight the difference.

I set the rules, but other entities can override them. The First Amendment guarantees “Freedom of the Press,” but we follow specific guidelines because I believe a broad interpretation isn’t suitable for a community newspaper.

Photography rules have exceptions. For instance, if a judge prohibits photography in their courtroom, that restriction must be followed, as it is a private space. Photographers cannot take photos in private areas without permission.

There are grey areas regarding exceptions to photo-taking rules. For example, at public events like graduations, attendees can take as many photos as they wish, and media cameras are also allowed. This principle applies to all public events.

Car accidents or police scenes can be photographed from a public road under the First Amendment. Even if the incident happens in your driveway, as long as the photo is taken from a public roadway, newspapers are protected by the First Amendment.

Community newspapers often implement self-imposed guidelines to benefit their communities and foster positive public relationships. While these guidelines are not mandatory, they represent best practices that help the newspaper maintain respect among the people it serves.

What are my rules?

Let’s discuss the policy regarding children under the age of 12. I do not publish the last names of children in this age group, even if they are photographed with their parents. If I plan to publish a child’s name, I make an effort to obtain permission from a parent. However, for generic photos where the child is not identifiable, such as a group shot of kids at a carnival, I typically do not seek permission.

If you see me taking a picture of your child, please feel free to approach me and ask about it. There is no need to become angry or confrontational. I am more than willing to delete a photo if a parent requests it. However, I do not appreciate being threatened, yelled at, or confronted aggressively, especially in a public setting like a carnival.

Recently, a parent overstepped by taking my phone and demanding action before leaving to contact the police. They informed him that there was nothing they could do. I later told the police that I had already deleted the photo before he left. If the parent had listened, he would have realized that I had addressed his concerns by deleting the photo well before he stormed off.

Did I have to do this? No, but my staff and I follow rules when taking photos in public. If this had happened in Waco or Bryan, the parent could have faced charges for grabbing my phone. However, in Robertson County, we prioritize respect for the community and aim to honor residents’ requests. In larger media markets, they do not care and would have filed charges.

If you ask, we comply, always

The legality of media photography depends on the subject’s location. On private property, we need permission from the owner, while no permission is required in public spaces. We usually ask for permission unless it’s clearly unnecessary, like when taking crowd shots at a public event.

Ever wonder why photographers can stand outside Trump Tower, taking pictures and shouting questions, but can’t follow President Trump inside or onto his members-only golf course?

I hate to be the barer of bad news for parents everywhere, but your child/children have been photographed hundreds of times without your knowledge or permission, not just by the local media. Calm down, I know that is unsettling, but it is true.

Here’s a shorter version

The Robertson County Youth Fair is approaching, bringing excitement for everyone involved. If your child wins the Grand Champion Steer award, it won’t just be a photo of them with their animal, the banner, and the family. Cameras and smartphones will start clicking as soon as they enter the arena and continue during the auction. Many people will be taking photos for various reasons.

Same thing at a school play, school sporting event, outdoor event like a carnival or street festival and the list goes on and on.

As parents, we instinctively want to protect our children. You have the right to request that this newspaper not take or use your child’s photo, and we will always respect that. While it may be different with other organizations, we will uphold your wishes.