Photography, filming and media consent policy
Effective date: 21 October 2026 · Review cycle: annually, or earlier if required · Contact: info@pathwaysofpromisekenya.org
1. Policy statement
Pathways of Promise Kenya (“Pathways”) is committed to protecting every child’s dignity, privacy, safety and best interests. Photographs, videos, audio recordings, names, stories, captions and other media can reveal a child’s identity, family circumstances, location or involvement with child-protection services. They must therefore be collected and used carefully.
Pathways will not treat a child’s image as a fundraising asset. A child or family must never be denied assistance, disadvantaged, pressured or made to feel obligated because they decline photography, filming, an interview or publication. A decision not to participate will not affect access to support.
2. Purpose
This policy sets minimum standards for planning, capturing, storing, editing, sharing and publishing photographs, videos, audio recordings and personal stories involving children or families connected with Pathways. It establishes consent, safeguarding review, privacy, security and withdrawal procedures.
3. Scope
This policy applies to board members, employees, volunteers, researchers, interns, consultants, photographers, videographers, media representatives and partner organisations acting for or on behalf of Pathways. It applies during prison visits, welfare checks, family follow-up, research, events, outreach, training, fundraising and all online or printed communications, including websites and social media.
Where a prison, children’s institution, school, caregiver, research partner or other authority has additional rules, those rules must also be followed. Permission to enter a location or take photographs there does not by itself authorise publication of a child’s image.
4. Legal and policy framework
This policy is applied consistently with the Constitution of Kenya, 2010, including the right to privacy and the principle that a child’s best interests are of paramount importance; the Children Act, 2022; the Data Protection Act, 2019, including section 33 on processing children’s personal data; applicable data protection regulations and guidance issued by the Office of the Data Protection Commissioner; and Pathways’ Child Protection and Safeguarding Policy, Code of Conduct and Privacy Policy.
This policy is an organisational safeguard and does not replace any additional approval required by law, a competent authority or an institution.
5. Core principles
Best interests: the child’s safety, dignity and welfare take priority over publicity, fundraising, convenience or organisational visibility.
Necessity and minimisation: use the least identifying image or information necessary for a legitimate purpose. If a non-identifying image or alternative communication can achieve the purpose, prefer it.
Specific, informed and voluntary permission: explain the proposed use in clear language before seeking consent. Permission for one purpose or platform does not automatically permit another.
Child participation: seek the child’s age-appropriate assent and respect their wishes, hesitation or refusal, even where an adult has authorised the use.
No conditional assistance: services, donations, referrals and other support must never depend on participation in media.
Accountability and security: record decisions, restrict access, protect files and remove material when required or when it is no longer needed.
6. Default position: do not identify children
Pathways will normally prefer photographs of activities, materials, hands, backs of heads, wide scenes or other images that do not identify children. Staff must consider whether a child could still be recognised through clothing, a location, a caption, a family relationship, a voice, a distinctive feature or surrounding details.
Pathways must not publish identifiable images or stories that disclose, imply or allow others to infer that a child’s parent is incarcerated, that a child is receiving welfare or protection services, or other sensitive family circumstances, unless a documented safeguarding assessment finds the specific publication necessary and appropriate, all required permissions and approvals are in place, and the publication is lawful and in the child’s best interests.
Do not photograph or publish children in distress, in humiliating or compromising situations, receiving intimate care, in medical contexts, or in circumstances that could expose them to stigma, retaliation, exploitation or future harm. Never stage or manipulate a child’s experience to create a more compelling story.
7. Consent and child assent
Before capturing or using identifiable media of a child, the responsible staff member must identify the lawful basis for processing and obtain verifiable consent from the child’s parent or legally authorised guardian where required by law. The person giving permission must have authority to do so; a caregiver’s presence or informal relationship alone may not establish legal authority.
Consent must be separate from consent to participate in a programme, receive assistance, take part in research or enter a facility. It must explain, in language the adult understands: what will be captured; why it is needed; where it may appear (for example, Pathways’ website, social media, printed reports, donor communications or media); whether the child’s name, voice, location or story will be used; who may receive it; the main risks of public and online sharing; how long files may be retained; how to ask questions or withdraw permission; and the fact that refusal will not affect assistance.
Seek the child’s age-appropriate assent in a language and manner they understand. Explain what will happen and where the image may be seen. Do not proceed if the child says no, appears uncomfortable, withdraws, cannot meaningfully participate in the decision, or if the adult’s permission conflicts with the child’s best interests. A child’s assent does not replace legally required parent or guardian consent.
Do not seek consent from a person whose authority is uncertain or where asking them could create risk. Where parental or guardian consent is unavailable, unsafe or legally complex, do not publish identifiable media unless the Designated Safeguarding Contact, with appropriate legal or child-protection advice and any competent authority’s approval, confirms a lawful and safe basis for the proposed use.
Consent must be documented using the Media Consent Form attached to this policy, or an approved equivalent that records the same information. A broad or indefinite release is not sufficient for high-risk cases. New consent and a fresh assessment are required if the proposed purpose, audience or use materially changes.
8. Additional safeguards for prison and institutional settings
Before taking photographs, recording audio or filming in a prison or other controlled institution, obtain the institution’s required written authorisation and follow its rules. Do not photograph staff, prisoners, visitors, records, security features or other people without the relevant authorisation and consent.
Do not assume that an incarcerated parent can automatically consent on behalf of a child who is outside their care, or that an accompanying adult has legal authority. Confirm the appropriate decision-maker and follow the institution’s procedures.
Never publish an image or detail that could identify a child as the child of an incarcerated person without a specific, documented risk assessment and all required permissions. Avoid images that reveal prison visits, case details, dates, family relationships or locations in ways that make identification possible.
9. Research, interviews and case stories
Media consent is separate from research consent, interview consent and consent to receive services. Each must be obtained where required. Participation in research or a media interview must be voluntary and must not affect access to assistance.
Use pseudonyms and remove identifying details where appropriate. Do not combine an image with a case history, location, age, school, family details or other clues that could identify a child. Research ethics approval and institutional permission must be obtained where applicable before collecting or publishing research media.
Do not promise anonymity where images, voices or details make identification possible. Explain that material published publicly may be copied, downloaded, reposted or archived by others and may not be fully retrievable even after Pathways removes it.
10. Photographers, partners and third parties
External photographers, media personnel and partner organisations must receive a clear briefing on this policy and sign any required confidentiality, safeguarding or data-handling undertaking before access is granted.
Contracts or written arrangements must specify the authorised purpose, permitted uses, access controls, storage, retention, deletion, restrictions on portfolio use and prohibition on independent publication or onward sharing. A photographer may not upload images to personal social media, stock-photo sites, cloud albums or portfolios without separate written authorisation and all required permissions.
Pathways must not transfer identifiable child media to a donor, partner, journalist or other third party merely because they request it. The purpose, lawful basis, necessity, recipient safeguards and consent scope must be reviewed first.
11. Capture, storage and access
Use Pathways-approved devices and secure storage wherever reasonably possible. Avoid saving identifiable child media to personal phones, personal cloud accounts, unapproved messaging groups or public file-sharing services. Transfer files to approved secure storage promptly and remove unauthorised copies from devices.
Limit access to people who need the material for an approved purpose. Use neutral file names or reference codes rather than children’s names. Keep consent forms separately from image files where practicable. Do not store identity documents or unnecessary sensitive information with media.
Do not use facial recognition, biometric analysis, AI training, synthetic manipulation or other materially different processing of children’s images without a separate legal and safeguarding review and any required permissions. Report lost devices, unauthorised access, accidental publication or suspected disclosure promptly to the Designated Safeguarding Contact and the person responsible for data protection.
12. Review and approval before publication
No identifiable child media may be published until the responsible staff member has completed the following checks and the Designated Safeguarding Contact, or an authorised delegate with appropriate training, has approved the use in writing:
- A legitimate, specific purpose has been recorded and the use is necessary and proportionate.
- The lawful basis and required parental or guardian consent have been verified and documented.
- The child’s age-appropriate assent has been sought and any objection or discomfort respected.
- The image, caption, metadata, background and accompanying story have been checked for identifying details and foreseeable risks.
- Any prison, institutional, research, partner or other required permission has been obtained.
- The proposed channel, audience, duration, file access and retention plan are clear.
- The reviewer has considered safer alternatives, including non-identifying images or anonymised stories, and recorded why publication is in the child’s best interests.
13. Publication standards
Use respectful, accurate captions. Do not include a child’s full name, exact location, school, contact details, case number, precise visit date or sensitive family information unless demonstrably necessary, lawful, specifically authorised and approved following a risk assessment. Avoid geotags and remove unnecessary image metadata before publication.
Do not use misleading captions, sensational language, pity-based portrayals or images that diminish a child’s dignity. Do not imply that a child’s photograph is proof of a particular outcome or that a donor directly supports a named child unless this is accurate, safe and authorised.
Review old website and social-media content periodically. Permission to publish does not mean content should remain online indefinitely.
14. Withdrawal, removal and complaints
A parent or legally authorised guardian may contact Pathways to withdraw consent or request review or removal, subject to applicable law. Pathways will also take seriously a child’s request or expression of discomfort. Requests should be handled promptly, sensitively and without adverse consequences for the child or family.
On receiving a request, restrict further use while it is reviewed, assess the applicable legal obligations and risks, and remove or replace material from channels controlled by Pathways where appropriate. Explain that Pathways cannot guarantee removal of copies made or reposted by third parties, but will take reasonable steps within its control.
Concerns can be reported to the Designated Safeguarding Contact at info@pathwaysofpromisekenya.org. If the concern involves the CEO or Designated Safeguarding Contact, it should be reported to the Chairperson of the Board or an independent board-designated contact. Pathways must publish that alternative contact before this policy is put into effect.
15. Retention and deletion
Retain media and consent records only for as long as necessary for the stated purpose, legitimate accountability requirements and applicable law. Establish a retention schedule for original images, edited files, consent records and published material. Securely delete or anonymise files when they are no longer required, subject to any lawful preservation obligation.
Where consent is withdrawn, assess the request promptly and cease future use where required. Maintain only the minimum record necessary to document the request and the action taken, with appropriate access controls.
16. Roles and responsibilities
All personnel must follow this policy, complete required safeguarding and data-protection briefings, and report concerns. The person proposing publication is responsible for assembling the required consent and permission records. The Designated Safeguarding Contact is responsible for reviewing risks, approving or refusing high-risk publication, maintaining records of decisions and ensuring concerns are escalated. The Board is responsible for oversight and review.
Pathways must ensure that implementation reflects its actual capacity, secure systems, referral arrangements and applicable legal obligations. Where necessary, seek advice from a qualified Kenyan child-protection or data-protection professional.
17. Breaches and review
Unauthorised photography, sharing or publication must be reported promptly. Pathways will take proportionate steps to contain the disclosure, protect affected children, document the incident, assess notification duties and take appropriate corrective action. Breaches may result in removal from duties, termination of an engagement or other action consistent with applicable law and organisational procedures.
This policy takes effect on 21 October 2026 and will be reviewed at least annually and after significant incidents, changes in law or material changes to the organisation’s work.
18. Policy details and contact
- Policy owner: Pathways of Promise Kenya
- Effective date: 21 October 2026
- Review cycle: Annually, or earlier if required
- Designated Safeguarding Contact: CEO, Pathways of Promise Kenya
- Email: info@pathwaysofpromisekenya.org
- Alternative reporting contact for concerns involving the CEO: Chairperson of the Board or independent board-designated contact.
Consent form and publication checklist
The Child Photography and Media Consent Form (Appendix A) and the staff Publication Checklist (Appendix B) are included in the full policy document. Completed consent forms are stored securely and are never published online.