We should ask permission before posting digital photos of others

Before either taking or publishing photographs or movies of them, should we show our children the same courtesy we show Maine prisoners? Should we give our children the right to say, “No”?

I say the answer is, “Yes.”

This is a matter I have grappled with professionally for years as workplace policy, especially when everyone has a smartphone, and every smartphone doubles as a quality digital camera and camcorder.

Written workplace policy on taking and publishing photos/movies offers legal protection. You want to avoid a lawsuit for publishing someone’s photo without their knowledge or consent. Especially if, as a result of your published photo, the person is harmed.

Common courtesy or good manners also plays a role here — professionally and personally.

There’s a scene in the movie Breakfast at Tiffany’s where actors Audrey Hepburn and George Peppard are arrested, handcuffed, and taken to a NYC police station.

A swarm of newspaper reporters fire off questions at Hepburn and Peppard. Press photographers with old box-style cameras snap photo after photo, causing a flashbulb storm.

One minor movie character, also arrested, is a heavy-set, dark blue suited lawyer wearing a Clark Kent hat, clamping a long cigar between his teeth. The lawyer glares at a photographer kneeling in front of him. The photographer snaps a photo, the flashbulb explodes, and, with a snarling,”Get out of here!”, the lawyer kicks the camera, knocking the photographer backwards.

That’s one way, but not the best way, of saying no to picture takers.

As Maine Department of Corrections communications director (2013), I was asked to rewrite the MDOC’s Media Policy, taking into account digital communications. When approved, the policy said Maine prisoners have final say on media requests to interview them and/or take pictures of them for publication. The same policy applied to MDOC personnel. And prisoners or personnel who said yes to interview/photo requests, had to sign release forms.

Sometimes the MDOC Media Policy worked against my interest as communications director.

While working with videographer Dean Gyorgy on a Maine Prison Wood Products Industry documentary, we met a prisoner who worked as a weaver, lacing the intricate webbing on Maine Prison’s signature wooden snowshoes. This man’s craftsmanship was amazing. We met him sitting in a Charleston Correctional Center workroom, with an expansive outdoors view that included Mount Katahdin. The weaver said he liked working alone. When asked, he told me he learned to tie his lacing knots as a Maine fisherman.

We asked if we could include footage of him lacing a snowshoe in our video. His “Please don’t.” was disappointing, but we honored his request.

I still use variations of MDOC’s public media policy in other workplaces.

Then, not long ago, I started noticing photos of kids in my own circle of family and friends showing up in pictures online. By their facial expressions and body language these kids were unhappy about having these pictures taken. Or if they were unaware or disinterested when their photos were taken, I have seen kids unhappy when they find out their unflattering photos were posted without their knowledge or consent.

For most of us growing up before digital photography, family photos were limited to special occasions: holidays, birthdays, vacations, school photos. Kids today have cameras in their faces always.

So, I started asking my four-year-old grandson Grafton, “Is it okay if I take your picture?” When Grafton says yes, and doesn’t like the way his photo turns out, I delete it. Or I snap three photos and ask him to pick his favorite.

When Grafton says no picture taking? I honor his request.

Scott K. Fish has served as a communications staffer for Maine Senate and House Republican caucuses, and was communications director for Senate President Kevin Raye. He founded and edited AsMaineGoes.com and served as director of communications/public relations for Maine’s Department of Corrections until 2015. He is now using his communications skills to serve clients in the private sector.