Gibson Sheat: Filming and Photography at Sports Games - What Are the Rules?

19 June 2023

As a general principle, it is ok to film people in public places, such as a sports ground or park, without their consent, as there is no expectation of privacy in these places. This can be contrasted with a place where a person can expect privacy e.g. a changing room.

Appropriate filming

It can be useful to have guidelines around appropriate filming e.g. no filming of a major injury and no focus on anything that is particularly negative or potentially embarrassing. There may also be safety reasons why certain people do not want to be filmed.

Filming certain individuals

If you want to take photos or film certain individuals -as two examples you want to record 1) the behaviour/language of coaches to educate them about how they communicate with players and referees; or 2) supporters and parents to discuss their side-line behaviour, then you should get the individuals’ informed consent.

Some other ways that you can make people aware that filming is occurring are:

Terms and conditions

Sport and recreation clubs should include in their membership T&Cs that their members consent to photos/filming.

A standard clause might look like this:

“By participating in, or attending, any activities of or related to our organisation you consent to being photographed, filmed or recorded by us and to us using these photos, films and recordings in [specify purposes e.g. in training resources, in our publications or newsletters or on our website, our social media accounts and for other marketing and promotional purposes]. Please contact [name] if you have any concerns. We will hold any personal information collected in accordance with our Privacy Policy which is available here [insert link] or on request.”

Venue signage

There is a residual risk that people do not read the membership T&Cs, and you will likely have non-members/the general public attending sports games. If you are taking photos and filming at a sports ground, it’s advisable to let people know this is happening – this could be through having entry conditions or a prominent sign indicating that filming is occurring at the venue and include contact details if a person doesn’t wish to be filmed.

Media policy for photography, filming and use of images of children

Sport NZ has a Media Policy for photography, filming and use of images of children and young people - click here. The policy contains a Consent form also. The best practice is for organisations to have their own Media Policy and seek the consent of parents and guardians to photograph and film children in line with that Policy.

Privacy obligations

Organisations also need to be aware of their obligations around the collection of personal information under the Privacy Act 2020. “Personal information” means information about an identifiable individual. Your organisation must have a lawful purpose to collect the information and use or disclose that information for a consistent purpose. Collecting personal information does not require consent in every case (but that will depend on the facts), but you need to make the individual aware of the information that is being collected and why. The personal information you collect should be held in accordance with your privacy policy.

We’re here to help

If you have any questions or would like to help put together guidelines for taking photos or videos, or a media or privacy policy, the Sports Law Team at Gibson Sheat can help – Tenille Burnside (tenilleburnside@gibsonsheat.com) or Nigel Stirling (nigel.stirling@gibsonsheat.com).