Photographs of persons affected by HIV/AIDS, gender-based violence and other highly sensitive and personal issues may be disqualified if the subjects are shown in a way that falsely or harmfully associates, or seems to associate, a particular health status, attitude or behavior with any person who appears in the photographs. Common examples of misuse include:
Using a photo to illustrate persons affected by HIV/AIDS (or any other issue) when there is no evidence to support a connection between recognizable individuals and the content of the material.
Using a photo of people in one country to represent people in another country.
Making a false or unfair, presumptive statement about a human photo subject in an explicit or implicit manner (e.g., captions, text, headings, document layout). For example, it is impermissible to use a general photo of a woman breastfeeding on the cover of a report on "Mother-to-Child HIV Transmission," or next to a caption that highlights statistics on HIV transmission, even if the text does not make specific reference to people in the photo.
Field officers doubling as amateur photographers face a variety of challenges in maintaining an ethical stance toward photo subjects: lack of awareness and guidance on legal, editorial and ethical issues; language and literacy barriers; and time and resource constraints.
Amateur and professional photographers alike, as well as editors and publication designers, have a responsibility to consider country laws governing photography practices, editorial principles and ethical issues in their photography.
Stringent regulations regarding patient privacy in the U.S. prohibit the use of images of actual clients without authorization and compliance with very strict privacy protections. A full examination of various country laws is beyond the scope of this website, however, photographers overseas may wish to investigate country laws related to photography, privacy rights and publishing.
In addition to laws and editorial principles, you may wish to consider these five general ethical principles for best practices in your photography:
Autonomy - In what way can I show respect for a person's right to decline or consent to be photographed? How do I handle informed consent?
Non-Maleficence (Do No Harm) - Am I creating and using photos in a manner that will do no harm to persons appearing in the photos?
Beneficence (Do Good) - What is my intention or purpose for taking this photo? How can I use a photo to promote a good cause while ensuring that I do no harm to individuals in the photos?
Fidelity - Am I using photos in a context that fairly represents the real situation, subject identity or physical location of the image?
Justice - Am I photographing people and communities with the same respect I would show to neighbors and strangers in my home country?
Consent
No Consent Form Needed:
Non-recognizable individuals in public (faces and all other identifying features are obscured).
Verbal Consent Needed:
All individuals in all settings when possible.
Parents, guardians or teachers of children.
Directors/Managers of clinics or other service programs.
e.g., "I am taking photos for The Johns Hopkins Bloomberg School of Public Health, an institution working to improve health in [your country]. Do I have your permission to take your photo for non-commercial use in education?"
If you don't speak the same language, communicate with your body language. At the very least, smile, nod and point to your camera before shooting. If you sense any reluctance, confusion or disdain, refrain from taking the photo. Respect a person's right to refuse to be photographed.
If you are traveling with someone who speaks the local language, ask him or her to translate your request for verbal consent.
Identify an adult who can give you verbal consent on behalf of children.
Written Consent Needed:
Download the School's model release form here: http://www.jhsph.edu/resources/modelrelease.pdf
Recognizable providers and clients in clinical settings.
Recognizable or non-recognizable individuals in any setting where personal, private information is exposed in the photo or documented in the corresponding caption, such as:
Health status (e.g., HIV-positive persons, persons living with AIDS/STIs, abortion
history, TB, diarrheal disease, etc.)
Health behavior (e.g., sex work, sexual orientation, alcohol and drug use, contraceptive use, female genital cutting, etc.)
Criminal behavior (e.g., perpetrator or victim of gender-based violence, etc.)
Obtaining written consent is not practical in all circumstances. Furthermore, written documents may have little or no meaning to people who speak a different language, people of low literacy and people who live in cultures where photography or publications are not common. However, consider these tips:
Prepare your consent forms ahead of time in the local language of the area you will be visiting.
If you are unable to prepare written consent forms in the local language, orally translate the consent form to your photo subjects. Use an interpreter if necessary.
For low literate subjects, ask the subject to make a mark on the consent form. If the person does not want to or cannot use a writing tool, obtain verbal permission. Have the consent witnessed by a literate witness who can sign or countersign the document and confirm that the form was read to the subject.
© 2007 Photoshare, an online photo database, available at Photoshare through the Johns Hopkins University Bloomberg School of Public Health/Center for Communication Programs, serving many major government institutions and international NGOs.
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