Basketball England Photography and Filming Policy

Updated December 2025

1. Introduction
2. Definitions and Interpretation
3. The Policy Objectives
4. Application of the Policy
5. Power to Change, Rescind or Add to the provisions of the Policy
6. Laws
7. Jurisdiction
8. Participant and Spectator Support
9. Legislation and Guidance
10. Official Photographer / Official Videographer, Participant, Spectator and Staff Obligations
11. Criminal Offences
12. Minors
13. Adults at Risk
14. What are the Risks?
15. Minimising the Risks
16. Mobile Phones
17. Personal Use
18. Official Images
19. Accreditation
20. Commercial Images
21. Compliance
22. Changing Rooms, Showers, Toilets and Medical Treatment Rooms etc.
23. CCTV
24. Responding to Concerns
25. Breaches of this Policy
26. Monitoring
27. Data Protection and Confidentiality
28. Severability
29. Waiver
30. Miscellaneous

Appendix 1 - External Contacts

1. Introduction 

1.1 Basketball England (a company limited by guarantee, incorporated and registered in England and Wales with company number 01429756, whose registered office is at Etihad Campus Rowsley Street, Gate 13, Manchester, England, M11 3FF) is the national governing body (“NGB”) responsible for the governance and regulation within its jurisdiction of all disciplines of the sport of basketball in England (including 5v5, 3v3, disability basketball and walking basketball) (“Basketball”). 

1.2 This document sets out Basketball England’s policy for the capture, use and storage of images (still or in motion and with or without sound) captured within a Photograph or Film taken on any type of equipment including cameras, recording devices and mobile phones (“Images”) at tournaments, competitions and/or any other event or activity sanctioned by and/or falling under the jurisdiction of Basketball England (“Basketball England Competitions”) (the “Policy”). For the avoidance of doubt, this Policy also applies to Broadcasts (including Live Streaming online via social media and/or other platforms). This Policy reflects Basketball England’s commitment to providing safe, fair, inclusive, and non-discriminatory opportunities for all Participants, Spectators and Staff. 

1.3 Basketball England recognises that capturing, using and storing Images of Basketball activities, raises awareness and provides a record of the sport’s successes and achievements. Basketball England is keen to promote positive Images of individuals participating in Basketball and does not seek to prevent the use of Photography, Filming or Broadcasting at Basketball England Competitions. Basketball England, is, however, aware that some people may use sporting events as an opportunity to capture and use Images for inappropriate purposes. Basketball England recognises the use of Photographs, Films or Broadcasts online, within websites, social media and/or other platforms, posters and within the press or other publications or otherwise, can pose direct and indirect risks to Participants, Spectators and Staff but in particular to Minors and Adults at Risk if they are not managed appropriately. 

1.4 Basketball England has an ongoing duty of care to all who participate, spectate, work and/or are involved in Basketball to ensure they have a safe, enjoyable and positive experience, with the welfare of Minors and Adults at Risk being paramount. In accordance with this Policy and the Applicable Laws; Minors (where capable), Adults at Risk, their parents or other persons with legal responsibility (where appropriate) have a right to decide whether Images of them are taken and how these may be used, regardless of any Protected Characteristics (as defined within the Equality Act 2010). Consent to take Photographs, Film and/or Broadcast Images of Minors and Adults at Risk is only meaningful when Minors (where capable), Adults at Risk, their parents or other persons with legal responsibility (where appropriate) understand how the Images will be used and stored and are fully aware of the potential risks associated with the use and distribution of these Images. 

1.5 Basketball England shall not tolerate any form of unlawful or unfair use of Photographs, Films and/or Broadcasts and will take appropriate action against any Participant, Spectator, Staff, Club, League, Regional Association, Team and/or other party sanctioned by and/or under the jurisdiction of the Basketball England who commit or assist others to commit such an act. It should be noted that non-compliance with this Policy may also be an unlawful act subject to criminal prosecution and potential litigation. 

1.6 Basketball England has a dedicated “Integrity Team” with primary responsibility for working with Participants, Spectators and Staff to provide guidance and support in relation to any concerns or queries regarding this Policy. The Integrity Team can be contacted via email at: [email protected] 

Other helpful external agency contact details are contained at Appendix 1. 

1.7 Basketball England undertakes to make available (on request) electronic copies of this Policy as amended from time to time. Electronic copies of this Policy are available on the Basketball England website (the “Website”). The Website will also contain contact details in the event that (i) any person is unable to download this Policy; and/or (ii) any person requires this Policy in another format, for example, in braille or large print.  All requests will be considered on their merits on a case-by-case basis. In circumstances where an individual has been recognised as having an intellectual impairment, Basketball England shall use all reasonable endeavours to communicate the contents of this Policy to such individual in the most appropriate manner and form in liaison with the parents of, or other persons with legal responsibility (where appropriate) for such individual. 

1.8 Basketball England also agrees that in any case where there is an actual or alleged breach of this Policy by an individual who has been recognised as having an intellectual impairment, in considering whether or not there has been any such breach and/or in determining whether or not it imposes any sanction and, if so, what that sanction should be, Basketball England shall reasonably consider and take into account the nature and effect of the impairment. Basketball England will in good faith hear reasonable representations relating to this. 

2. Definitions and Interpretation 

2.1 The following terms have the following meanings: 

2.2 References to “include” and “including” in this Policy are to be construed without limitation. 

2.3 Clause, Appendix and other headings shall not affect the interpretation of this Policy. 

2.4 Appendix 1 forms part of this Policy and shall have effect as if set out in full in the body of this Policy. Any reference to this Policy includes Appendix 1. 

2.5 Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular. 

2.6 A reference in this Policy to any other document is a reference to such the other document as varied from time to time. 

2.7 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision. 

2.8 A reference to any body or entity includes a reference to any successor or replacement of such body or entity. 

2.9 Any obligation not to do something includes an obligation not to allow that thing to be done. 

3. The Policy Objectives 

3.1 The objectives of this Policy are to: 

3.1.1 set out Basketball England’s overarching principles and strategy for the capture, use and/or storage of Images at Basketball England Competitions; 

3.1.2 safeguard and protect Minors and Adults at Risk (where Basketball England is aware that an adult is an Adult at Risk) who participate in Basketball England Competitions; and 

3.1.3 ensure Basketball operates in accordance with the Applicable Laws, Basketball Rules and Data Protection Legislation in relation to the capture, use and/or storage of Images. 

4. Application of the Policy 

4.1 This Policy came into effect on 19/12/2025. 

4.2 This Policy shall apply to all: 

4.2.1 Clubs; 

4.2.2 Leagues; 

4.2.3 Official Photographers and Official Videographers; 

4.2.4 Participants; 

4.2.5 Regional Associations; 

4.2.6 Spectators; and 

4.2.7 Staff. 

4.3 All Clubs, Leagues, Regional Associations and all other organisations sanctioned by and/or under the jurisdiction of the Basketball England must adopt and enforce this Policy. 

4.4 All Clubs, Leagues, Official Photographers and Official Videographers, Participants, Regional Associations, Spectators and Staff under the jurisdiction of Basketball England are subject to and bound by all Applicable Laws, Basketball Rules and Data Protection Legislation and agree to abide by all Basketball policies (including this Policy), procedures, rules or regulations published by or in place under the auspices of Basketball England from time to time. 

4.5 This Policy shall not apply to: 

4.5.1 Basketball Northern Ireland, Basketball Scotland and/or Basketball Wales; 

4.5.2 the BBF; 

4.5.3 FIBA and/or FIBA Competitions; and 

4.5.4 Participants, Spectators and/or Staff involved in training camps, other activities, or competitions wholly within the jurisdiction of Basketball Northern Ireland, Basketball Scotland, Basketball Wales, the BBF, FIBA and/or any other body outside of Basketball England’s jurisdiction. 

5. Power to Change, Rescind or Add to the provisions of the Policy 

5.1 In the event an issue arises that is not foreseen in this Policy, it will be addressed by Basketball England in a manner that protects and promotes the objectives identified in this Policy. 

5.2 Basketball England is committed to reviewing this Policy periodically which may be amended from time to time by Basketball England. 

6. Laws 

6.1 The laws of England and Wales shall apply to this Policy. 

7. Jurisdiction 

7.1 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Policy. 

8. Participant and Spectator Support 

8.1 Any individual seeking information on the application of this Policy should contact the Integrity Team for assistance at [email protected] 

9. Legislation and Guidance 

9.1 Basketball England’s approach to the capture, use and/or storage of Images at Basketball England Competitions is based on the principles recognised within UK and International legislation, UK Government guidance and regulatory guidance. For the purposes of this Policy, the following have been taken into consideration: 

9.1.1 Communications Act 2003; 

9.1.2 Criminal Justice Act 1988; 

9.1.3 Data Protection Act 2018; 

9.1.4 Malicious Communications Act 1988; 

9.1.5 Protection of Children Act 1978; 

9.1.6 Serious Crime Act 2007; 

9.1.7 Sexual Offences Act 2003; 

9.1.8 The Freedom of Information Act 2000; 

9.1.9 UK General Data Protection Regulation 2018; 

9.1.10 Voyeurism (Offences) Act 2019; 

9.1.11 Ann Craft Trust – Photography Guidance For Adults; 

9.1.12 Association of Chief Police Officers (“ACPO”) (now the National Police Chief’s Council) – Guidance on Young People Who Post Self-Taken Indecent Images; 

9.1.13 FIBA Internal Regulations (General Provisions); 

9.1.14 The NSPCC's?Child Protection in Sport Unit (“CPSU”) Guidance (including Safe use of Changing Facility Guidance); and 

9.1.15 UK Sport: The Code For Sport Governance. 

9.2 This Policy should be read alongside Basketball England policies, procedures, rules and regulations as in place from time to time. 

10. Official Photographer / Official Videographer, Participant, Spectator and Staff Obligations 

10.1 All Official Photographers / Official Videographers, Participants, Spectators and Staff shall: 

10.1.1 act in accordance with this Policy as in place from time to time; 

10.1.2 abide by all Applicable Laws; 

10.1.3 abide by all Basketball Rules; 

10.1.4 act in accordance with Data Protection Legislation; 

10.1.5 act in accordance with any other requirements and instructions which Basketball England reasonably imposes in connection with any obligations imposed on Basketball England at any time; and 

10.1.6 undertake, or refrain from undertaking, such acts as Basketball England requests so as to enable Basketball England to comply with and deliver its obligations and strategy. 

11. Criminal Offences 

11.1 It is a criminal offence under the Protection of Children Act 1978 and Criminal Justice Act 1988 to take, make, distribute (send / share), upload and/or possess any “indecent” Image of a Minor (including those taken/possessed by another Minor). 

11.2 Under the Protection of Children Act 1978 (as amended), the UK has a strict prohibition on the taking, making, circulation, and possession with a view to distribution (sending / sharing) of any indecent Photograph or Pseudo-Photograph of a Minor. 

11.3 Section 160 of the Criminal Justice Act 1988 also makes the simple possession of indecent Photographs or Pseudo-Photographs of Minors an offence. 

11.4 The law states that “…taking, making, sharing and possessing indecent images and pseudo-photographs of people under 18 is illegal. A pseudo-photograph is an image made by computer-graphics or otherwise which appears to be a photograph.”. 

11.5 Basketball England acknowledges that whilst the majority of Images of Minors may not be termed “indecent” there is a real risk that perfectly innocent Images of Minors if in the wrong hands may present a real risk to Minors. 

11.6 It is also a criminal offence to: 

11.6.1 request a Minor to take, make, distribute (send / share) or upload such an Image, under Section 44 of the Serious Crime Act 2007, encouraging another to commit an offence; and 

11.6.2 to observe or capture Images of a person doing a private act and the person does not consent to being observed under Section 67 of the Sexual Offences Act 2003. 

11.7 Upskirting is a criminal offence under the Voyeurism (Offences) Act 2019 (section 67A (1) and section 67A (2)). Offences can be carried out using cameras, recording devices, mobile phones or any other equipment. There is no limitation within the legislation as to what “equipment” is. Section 68 of the Sexual Offences Act 2003 (voyeurism: interpretation), confirms that “…operating equipment includes enabling or securing its activation by another person without that person’s knowledge.” This includes automated equipment that has been installed without a victim’s knowledge. 

11.8 Under the Malicious Communications Act 1988 and the Communications Act 2003, a person may be guilty of an offence by persistently making use of a public communications network for the purpose of causing annoyance, inconvenience or needless anxiety to another person. 

11.9 All usage of Images as detailed above in this clause 11 are criminal offences and must be reported to the Integrity Team at [email protected] immediately and within 24 hours of the discovery of the offence. 

11.10 Where the incident is deemed to be “experimental” for example where the Concern relates to a Minor who has voluntarily (for example with no suggestion of coercion, exploitation or threat) taken and shared an indecent Image of themselves, Basketball England will determine whether the act may be deemed to be experimental (for example teenagers within a relationship may not consider this to be unusual behaviour). 

11.11 In instances of experimental behaviour, Basketball England shall inform the parents or other persons with legal responsibility (where appropriate) of the incident and will confirm that it will not be referring the incident directly to the Police (in accordance with the ACPO guidance) but will refer the matter to the relevant Children’s Services and/or Multi Agency Safeguarding Hub “MASH” team, for assessment. 

11.12 Basketball England may in its absolute discretion make the referral at clause 11.11 above to MASH without consent from Minors and parents or other persons with legal responsibility where appropriate, including where a criminal offence has been committed which may lead to significant harm. 

11.13 Where an incident is deemed by Basketball England to be “aggravated” for example incidents which include adult involvement, and abusive or criminal behaviour by Minor’s including the creation, showing or sharing of Images without the knowledge, or against the will, of the individual who is pictured, Basketball England will inform the Police immediately. 

11.14 When determining whether an incident is aggravated, Basketball England shall take into consideration the following factors: 

11.14.1 the age of the Minor involved; 

11.14.2 the extent of circulation or distribution of the Image; 

11.14.3 any coercion or exploitation of the Minor; 

11.14.4 repeat behaviour; 

11.14.5 the wording or language which accompanies the Image (if any); 

11.14.6 the nature of the Image; and 

11.14.7 any other information Basketball England deems relevant. 

12. Minors 

12.1 Basketball England requires both Minors (where capable) as the intended subjects of Images and their parents or other persons with legal responsibility (where appropriate) to: 

12.1.1 adhere to all aspects of this Policy; 

12.1.2 agree to adhere all Applicable Laws, Basketball Rules, Data Protection Legislation and/or any other policies, procedures, rules or regulations in place under the auspices of Basketball England from time to time; 

12.1.3 acknowledge that Images of the Minor may be captured, used and/or stored as part of other people’s personal use at Basketball England Competitions; 

12.1.4 acknowledge that Images of the Minor may only be captured as an individual or as part of a group by an Official Photographer and/or Official Videographer for Official Use at Basketball England Competitions with their prior Consent (where the Minor has capacity to provide Consent); 

12.1.5 understand that by providing Consent (as detailed within clause 12.2 below), permission is granted to Basketball England and associated third parties to capture, use and/or store the Image for Official Use; 

12.1.6 agree to Basketball England storing copies of the Image for as long as necessary to fulfil the Official Use. Image storage will be undertaken in accordance with Data Protection Legislation and clause 27 of this Policy; and 

12.1.7 agree to Basketball England sharing copies the Image with relevant third parties (for example sponsors). Image sharing will be undertaken in accordance with Data Protection Legislation and clause 27 of this Policy. 

12.2 Minors (where capable) and parents or other persons with legal responsibility (where appropriate) will be required to provide consent prior to attending a Basketball England event. 

12.3 Basketball England will not take account of any verbal or other form of Consent with any Minor (where capable), parents or other persons with legal responsibility (where appropriate) other than Consent given in accordance with the processes contained within this Policy. 

12.4 Consent may be revoked at any time, with or without giving reasons. 

12.5 Where Consent has not been granted and an Image of a Minor appears online, for example where it has been shared by someone they do not know on websites, social media and/or other platforms or it has appeared in the press or on the Website following attendance at a Basketball England Competition; the Minor (where capable), parents or other persons with legal responsibility (where appropriate) are to contact the Integrity Team at [email protected] immediately and within 24 hours of becoming aware. 

12.6 Minors (where capable) and parents or other persons with legal responsibility (where appropriate) are to note that even in cases where Consent has been withdrawn it may not be possible for Basketball England and/or any related third party with whom the Image has been shared to delete the Image if it has already been shared or published. 

12.7 Where Consent has not been granted or has been withdrawn, Basketball England will agree in advance with the Minor (where capable) and parents or other persons with legal responsibility (where appropriate) how the Minor is to be identified so the Official Photographer and/or Official Videographer knows not to take pictures of them. 

12.8 Where Consent has not been granted or has been withdrawn, Basketball England will endeavour to ensure that the Minor if attending a Basketball England Competition as a Spectator is not sat in proximity to areas of particular focus or interest and which are explicitly captured as part of Official Use (for example seating directly behind the Officials and/or the Players bench). 

13. Adults at Risk 

13.1 Adults at Risk are bound by all aspects of this Policy. 

13.2 Where Basketball England has concerns that an Adult at Risk lacks capacity to understand and agree to adhere by all aspects of this Policy it shall discuss this with them, including if appropriate, family members such as adult children, parents, spouses or siblings and support workers/ personal assistants. 

13.3 Adults at Risk: 

13.3.1 agree to adhere all Applicable Laws, Basketball Rules, Data Protection Legislation and/or any other policies, procedures, rules or regulations in place under the auspices of Basketball England from time to time; 

13.3.2 understand that Images of them may be captured, used and/or stored as part of other people’s personal use at Basketball England Competition; 

13.3.3 understand that Images of them may only be captured as an individual or as part of a group by an Official Photographer and/or Official Videographer for Official Use at Basketball England Competitions with their prior Consent; 

13.3.4 acknowledge and agree that by providing Consent, permission is granted to Basketball England and associated third parties to capture, use and/or store the Image for Official Use; 

13.3.5 agree to Basketball England storing copies of the Image for as long as necessary to fulfil the Official Use. Image storage will be undertaken in accordance with Data Protection Legislation and clause 27 of this Policy; and 

13.3.6 agree to Basketball England sharing copies the Image with relevant third parties (for example sponsors). Image sharing will be undertaken in accordance with Data Protection Legislation and clause 27 of this Policy. 

13.4 Adults at Risk may grant Consent by way of completing the Consent Form accessible prior to any Basketball England event. 

13.4 Basketball England will not take account of any verbal or other form of Consent other than through following the processes contained within this Policy. 

13.5 Consent may be revoked at any time, with or without giving reasons. 

13.6 Where Consent has not been granted and an Image of an Adult at Risk appears online, for example where it has been shared by someone they do not know on websites, social media and/or other platforms or it has appeared in the press or on the Website following attendance at a Basketball England Competition; the Adult at Risk is to contact the Integrity Team at [email protected] immediately and within 24 hours of becoming aware. 

13.7 Adults at Risk are to note that even in cases where Consent has been withdrawn it may not be possible for Basketball England and/or any related third party with whom the Image has been shared to delete the Image if it has already been shared or published. 

13.8 Where Consent has not been granted, has been withdrawn or where an Adult at Risk lacks the capacity to Consent, Basketball England will inform the Official Photographer and/or Official Videographer not to take capture Images of them. 

13.9 Where Basketball England has concerns that an Adult at Risk does not have the capacity to give Consent or understand that Images are being taken it shall discuss this with them, including if appropriate, family members such as adult children, parents, spouses or siblings and support workers/ personal assistants. 

13.10 Basketball England acknowledges that legally, the only person who can Consent for the use of their Image is the Adult at Risk themselves. Family members such as adult children, parents, spouses or siblings and support workers/ personal assistants will not be approached for Consent. 

13.11 Where Consent has not been granted, has been withdrawn or where an Adult at Risk lacks the capacity to Consent, Basketball England will use reasonable endeavours to ensure that the Adult at Risk if attending a Basketball England Competition as a Spectator is not sat in proximity to areas of particular focus or interest and which are explicitly captured as part of Official Use (for example seating directly behind the Officials and/or the Players bench). 

14. What are the Risks? 

14.1 Any Image of a Minor or Adult at Risk posted online could leave the Minor or Adult at Risk vulnerable to grooming. The risk is greater if the Image is shared along with information that makes the Minor or Adult at Risk identifiable. 

14.2 Including the Minor's or Adult at Risk’s personal information (for example full name and address) alongside their Image can make them identifiable and therefore vulnerable to individuals looking to locate, contact or?groom for abuse.  “Tagging” an Image with location information or including visual details such as a school uniform or logo may also make them identifiable and may make the Image easier to locate within internet search results. 

14.3 There is increased risk of identification of, and contact with, a Minor or Adult at Risk: 

14.3.1 by someone in circumstances where there are legal restrictions such as if a Minor or Adult at Risk is in local-authority care; or 

14.3.1 where it is potentially dangerous to reveal the Minor’s whereabouts to an estranged parent due to previous concerns about domestic violence. 

14.4 Images may be shared online by would-be abusers. Anyone can copy, download, screenshot or share any Image and with Image-editing software, even a perfectly innocuous Image can be transformed into something totally inappropriate. 

14.5 Other risks are more long-term. For example, depending on the terms and conditions of using social media and/or other platforms the Image may be owned by the social media and/or other platform once it has been posted. Social media and/or other platforms may then license Images for use by third parties for commercial purposes. 

14.6 Image content may itself be inappropriate, or Images may be used inappropriately or out of context. 

14.7 Some individuals may target Basketball activities and set out to take inappropriate Images in ways that are potentially illegal and harmful, such as: 

14.7.1 Images captured in changing rooms, showers, toilets, medical treatment rooms and/or other areas where individuals may be in a state of undress; 

14.7.2 Images captured under and over doors and other similar activities; 

14.7.3 Upskirting; 

14.7.4 using Images inappropriately and out of context (for example, Images from some angles of Players stretching); 

14.7.4 copied and edited, perhaps to create Images of abuse or sexualised Images; 

14.7.5 Images shared privately online which can be re-shared, possibly entering the public domain on websites, social media and/or other platforms. 

15. Minimising the Risks 

15.1 Basketball England shall endeavour to take reasonable steps to: 

15.1.1 inform parents or other persons with legal responsibility of the potential risks associated with capturing, using and storing Images of Minors; 

15.1.2 inform Adults at Risk (where Basketball England is aware that an adult is an Adult at Risk) of the potential risks associated with capturing, using and storing Images; 

15.1.3 where Basketball England has concerns that an Adult at Risk does not have the capacity to understand the potential risks associated with capturing, using and storing Images it shall discuss this with them, including if appropriate, family members such as adult children, parents, spouses or siblings and support workers/ personal assistants; 

15.1.4 only use names as necessary of Minors or Adults at Risk (if it does need to identify them) to accompany any Image it publishes; 

15.1.5 reduce the risk of Images being copied and used inappropriately by only using Images where those captured are wearing appropriate clothing; 

15.1.6 avoid full face and body shots of Minors and Adults at Risk (where Basketball England is aware that an adult is an Adult at Risk) taking part in activities where there may be a heightened risk of Images being misused; 

15.1.7 not take or retain Images which reveal a torn or displaced piece of kit; 

15.1.8 not take or retain Images where those captured are in a state of undress; 

15.1.9 think carefully before using Images of Minors or Adults at Risk (where Basketball England is aware that an adult is an Adult at Risk) on the Website or within any marketing materials including printed hardcopies, social media and/or other platforms and/or other publications as in place from time to time; 

15.1.10 choose Images that present Basketball in a positive light, and promote the best aspects of the sport; 

15.1.11 ensure Images are only taken for Official Use and are not used outside of Official Use; and 

15.1.12 use Images which: 

15.1.12.1 focus on the activity rather than a particular Minor or Adult at Risk; 

15.1.12.2 avoid Images and camera angles that may be more prone to misinterpretation or misuse than others; and 

15.1.12.3 include groups of rather than individuals. 

16. Mobile Phones 

16.1 Basketball England does not support the banning of mobile phones. It is recognised that Minors may need access to mobile phones to keep in touch with parents or other persons with legal responsibility particularly in emergencies. 

16.2 Basketball England requires that mobile phones at Basketball England Competitions should emit a ‘noticeable sound’ if the camera facility is used. 

16.3 Any Images captured, used and/or stored via a mobile phone at a Basketball England Competition are subject to the terms and conditions contained within this Policy. 

16.4 If mobile phones are taken into changing rooms, showers, toilets, medical treatment rooms and/or other areas where individuals are/may be in a state of undress, the facility to capture Images is prohibited and must not be used. 

17. Personal Use 

17.1 Rules about Images captured and/or used for personal use at Basketball England Competitions will be included within the event programme and/or announced before the start of the event. 

17.2 Such rules may include: 

17.2.1 clearly identifying areas where Photography, Filming and Broadcasting are not prohibited; 

17.2.2 asking for Images captured during Basketball England Competitions not to be shared on social media and/or other platforms without obtaining permission from those captured in the Images and/or whose social media and/or other platform account it is; 

17.2.3 obtaining permission before “tagging” people and Images within social media and/or other platforms; 

17.2.4 checking the privacy settings of their social media and/or other platforms to understand who else will be able to view any Images they share; and 

17.2.5 details of how to report a Concern. 

17.3 If Basketball England and/or the event organisers are concerned that someone who is not an Official Photographer and/or Official Videographer is capturing and/or using Images in a manner that does not appear appropriate or is using equipment with lenses of more than 300mm when extended; they may be asked to leave the Basketball England Competition and (depending on the nature of the incident) the Concern will be reported to the Integrity Team and where necessary the Police. 

17.4 If Basketball England and/or the event organisers sanctioned by and/or under the jurisdiction of Basketball England are concerned that someone who is an Official Photographer and/or Official Videographer is capturing and/or using Images outside the scope of Official Use; their Accreditation may be rescinded, and they may be asked to leave the Basketball England Competition and (depending on the nature of the incident) the Concern will be reported to the Integrity Team and where necessary the Police. 

18. Official Images 

18.1 Photography, Filming and Broadcasting for Official Use may only be carried out by Official Photographers and/or Official Videographers. 

18.2 Official Photographers and/or Official Videographers must apply for and obtain Accreditation from Basketball England via the Basketball England website. 

18.3 No other Photography, Filming or Broadcasting shall be permitted onsite at Basketball England Competitions, except in accordance with clauses 16 and 17 above. 

18.4 For the avoidance of doubt the following is not permitted onsite at Basketball England Competitions: 

18.4.1 Photography, Filming or Broadcasting equipment with lenses of more than 300mm when extended other than for use by Official Photographers and/or Official Videographers; and 

18.4.2 the capture of Images for commercial gain in any circumstances other than Official Use or in accordance with clause 20 below. 

18.5 Individuals must not hold themselves out to be Official Photographers and/or Official Videographers unless they have obtained Accreditation in accordance with this Policy. 

18.6 Where an Official requests to Photograph, Film or Broadcast a game for analysis purposes, the following must be adhered to: 

18.6.1 the Images are captured with the Consent of the relevant Player; or 

18.6.2 where the Player is a Minor, the Images are captured with the Consent of the Minor (where capable) and/or parents of, or other persons with legal responsibility for the Minor (where appropriate); 

18.6.3 where the Player is an Adult at Risk the Images are captured with the Consent of the Adult at Risk; and 

18.6.4 the Official has notified Basketball England at least 7-days prior to the Basketball England Competition and has obtained the relevant permissions (including Consents where required). 

19. Accreditation 

19.1 Accreditation must be obtained from Basketball England by all photographers and/or videographers capturing Images for Official Use at Basketball England Competitions engaged by: 

19.1.1 Basketball England; 

19.1.2 Basketball Northern Ireland, Basketball Scotland and/or Basketball Wales; 

19.1.3 the BBF; 

19.1.4 FIFA; 

19.1.5 Clubs; 

19.1.6 Regional Associations; 

19.1.7 other international federations; and 

19.1.8 newspapers, radio stations, international news agencies, websites (including a publication’s own site), specialist Basketball publications, journalists, social media and/or other platform influencers. 

19.2 Freelance journalists, photographers and/or videographers and broadcasters must be accredited via a national newspaper or recognised agency prior to making an Accreditation application. Only working media with a pre-arranged distribution outlet will be accredited by Basketball England. 

19.3 Only professional photographers and/or videographers will be Accredited by Basketball England. 

19.4 Accreditation can be applied for by completing an application form via the Basketball England website. 

19.5 In making an Accreditation application, the applicant acknowledges and agrees as follows that they: 

19.5.1 are not aware of any reason why they should not be granted Accreditation; 

19.5.2 upon request, will provide documentation to confirm their eligibility for Accreditation including: 

19.5.2.1 photographic ID, 

19.5.2.2 DBS certificate; 

19.5.5.3 contact details; 

19.5.5.4 details of any relevant prior experience; 

19.5.5.5 confirmation of national newspaper or recognised agency accreditation; 

19.5.3 will abide by the Accreditation criteria as in place from time to time and will only capture Images for Official Use in accordance with the scope provided by Basketball England. 

19.6 Accreditation is granted in accordance with the Accreditation criteria as in place from time to time.  

19.7 As part of the Accreditation application, an Accreditation Fee must be paid. The Accreditation Fee is payable in full at the time of application. 

19.8 In order to obtain Accreditation applicants must: 

19.8.1 complete the Accreditation application form; 

19.8.2 complete the requisite identify verification checks; 

19.8.3 undergo a DBS check, the level of check will depend on the role to be undertaken for example if the applicant will be working with Minors. Where there is content on an applicant’s DBS certificate, the Basketball England Safeguarding Team will, where necessary undertake a risk assessment; and 

19.8.4 undergo a screening process (which may include submitting references or examples of work). 

19.9 Accreditation shall continue for a period of 12 months from the commencement date of Accreditation. 

19.10 Applicants shall not hold themselves out to be Official Photographers and/or Official Videographers until Accreditation has been granted. Failure to adhere to this may lead to Accreditation not being granted. 

20. Commercial Images 

20.1 In the event that a Player wishes to enter into a private arrangement with a commercial photographer and/or videographer, the Player must inform Basketball England of the arrangement and the photographer and/or videographer must apply for and obtain Accreditation in accordance with clause 19 above. 

20.2 Where the Player is a Minor, the photographer and/or videographer must obtain written Consent from the Minor (where capable) and/or the parents or other persons with legal responsibility (where appropriate) for the Minor. A copy of the written Consent must also be provided in advance to Basketball England. 

21. Compliance 

21.1 Basketball England may monitor an Official Photographer’s and/or Official Videographer’s ongoing compliance with the Accreditation criteria and this Policy by any appropriate means. 

21.2 Official Photographers and/or Official Videographers shall notify Basketball England of any changes to their circumstances which may affect their DBS status and/or ability to comply with the Accreditation criteria and this Policy. 

21.3 Basketball England shall maintain a confidential register of Official Photographers and/or Official Videographers who have been Accredited. 

21.4 In addition to the general power to monitor continuing compliance with the Accreditation criteria, Basketball England may at any time investigate: 

21.4.1 any circumstances that indicate actual or potential non-compliance with the Accreditation criteria and/or this Policy; and/or 

21.4.2 where the Accreditation of an Official Photographer and/or Official Videographer is questioned and/or disputed by a third party. Basketball England will work with the Official Photographer and/or Official Videographer to undertake a sensitive and confidential review of the circumstances and shall have the authority to take all appropriate measures for the determination of the eligibility of the Official Photographer and/or Official Videographer to hold Accreditation. Basketball England will only consider reasonable third-party requests which are submitted in writing, and which Basketball England considers clearly sets out the grounds upon which the Official Photographer’s and/or Official Videographer’s Accreditation is questioned and/or disputed. 

21.5 In such cases, if they wish to retain their Accreditation, the Official Photographer and/or Official Videographer must cooperate fully and in good faith with that investigation. Where necessary Basketball England may provisionally suspend Accreditation pending resolution of the matter, provided that in such cases all reasonable endeavours will be used to complete the investigation as expeditiously as possible. 

21.6 Any investigation under this clause must be initiated in good faith and on reasonable grounds based on information derived from reliable sources, such as (without limitation) information from the affected Official Photographer and/or Official Videographer. 

21.7 Basketball England takes a strict approach to breaches of the Accreditation criteria and this Policy and all breaches will be dealt with in accordance with the Disciplinary Code. 

22. Changing Rooms, Showers, Toilets and Medical Treatment Rooms etc. 

22.1 Basketball England is aware that incidents involving inappropriate or illegal Images obtained in changing rooms, showers, toilets, medical treatment rooms and/or other areas where individuals may be in a state of undress are being increasingly reported across sport. 

22.2 These Images may be uploaded to social media and/or other platforms or shared with individuals or groups motivated by sexual interest. Occasionally, Images are also used to threaten and force people into?unwanted, and illegal sexual activity. 

22.3 Upskirting, although not specific to changing rooms, is a risk in this setting and is a distressing violation of privacy. Capturing, using and/or storing Images like this may form part of wider?bullying?and motivated more by a wish to cause humiliation and embarrassment. 

22.4 Where Basketball England becomes aware of a Concern relating to Images captured in changing rooms, showers, toilets, medical treatment rooms and/or other areas where individuals may be in a state of undress; Images captured under and over doors and other similar activities or Upskirting it shall report the incident to the Police immediately and within 24 hours of notification. 

22.5 Where possible, Basketball England shall endeavour to ensure that Minors and adults have separate sole use of changing rooms, showers, toilets, medical treatment rooms and/or other areas where individuals may be in a state of undress at any one time. If mixed use (Minors and adults) is unavoidable, then at least two members of Staff (of the same gender as the Minors) will supervise the group. 

22.6 If mixed use of the changing rooms, showers, toilets, medical treatment rooms and/or other areas where individuals may be in a state of undress is unavoidable and Staff become aware of a Minor or adult using equipment capable of capturing Images including a mobile phone, they will request that such equipment is put away immediately. If the individual refuses, they will be required to leave and the matter must be reported to the Integrity Team immediately and within 24 hours of the incident. 

22.7 Basketball England are also aware of the risks Minors pose to other Minors and as a consequence, at least two members of Staff (of the same gender as the Minors) will supervise groups of Minors. 

22.8 Participants and Staff are not permitted to use any equipment capable of capturing Images including mobile phones whilst in the changing rooms, showers, toilets, medical treatment rooms and/or other areas where individuals may be in a state of undress. 

22.9 Staff undertaking the task of supervision will have been assessed by Basketball England as being suitable to do so (this shall include undergoing a DBS check). 

23. CCTV 

23.1 If a Basketball England Competition is being held at a venue which uses CCTV Basketball England shall ensure: 

23.1.1 those in attendance are aware by including a notification within the event programme and/or announcing the use of CCTV before the start of the event; 

23.1.2 CCTV recorded by the venue is recorded without sound (to reduce potential identification of individuals); and 

23.1.3 there are arrangements in place to respond to Concerns about anyone watching the CCTV whose behaviour gives cause for concern. 

24. Responding to Concerns 

24.1 Basketball England has a duty of care to all Participants, Spectators and Staff as part of this duty of care the protection and safety of Minors and Adults at Risk is paramount. 

24.2 If you have been the victim or have witnessed an incident you must report the Concern immediately and within 24 hours to the Integrity Team via email or the Website at: [email protected] or Report a Safeguarding Concern

Report a Concern

24.3 All Concerns will be treated in confidence and investigated and/or reported as appropriate by Basketball England. 

24.4 Basketball England encourages the reporting of all Concerns. 

24.5 Basketball England will take all Concerns seriously and those reporting will not face disciplinary action for raising a Concern if it proves to be unfounded or does not merit action, provided the Concern was raised in good faith and not maliciously. However, making a false allegation in bad faith, or that is known to be untrue, will be treated as misconduct and dealt with under the Disciplinary Code and/or reported to the appropriate authorities. 

24.6 Victimisation and/or any form of retaliation against those reporting a Concern is not tolerated by Basketball England and must be reported to the Integrity Team. 

24.7 If at the time of the Concern arising the particular device suspected to contain an indecent Image of a Minor or Adult at Risk is available, Basketball England will undertake reasonable endeavours to retain and secure the device. As part of retaining and securing the device, Basketball England may ask the individual to follow reasonable instructions which may involve being asked to leave changing rooms, showers, toilets, medical treatment rooms and/or other areas where individuals may be in a state of undress. 

24.8 Refusal to follow Basketball England’s reasonable instructions and/or hand over a device will be treated as misconduct and dealt with under the Disciplinary Code and/or reported to the appropriate authorities including the Police. 

24.9 In the event that Basketball England are not present at the time of the Concern arising, Basketball England recommend that the individual raising the Concern takes reasonable steps to retain and secure the device (for the avoidance of doubt individuals should not put themselves at risk when attempting to retain and secure the device). 

24.10 Once retained (either by Basketball England or otherwise), the device is to be handed over to the Integrity Team and/or the Police, if necessary, in order to secure evidence and/or protect a Minor or Adult at Risk from harm immediately and within 24 hours of the incident. 

24.11 If a device is retained, it must not be tampered with or accessed nor should the Image be viewed other than by someone involved in the investigation or shared with another unless there is a clear reason to do so (for example a Police request), or send, print, share, move or save the Image anywhere. 

24.12 If a Concern arises “out of hours”, it must be reported to the Integrity Team immediately and within 24 hours of the incident.  If the person is in immediate danger, call 999 for local Police. 

24.13 Basketball England will deal with Concerns in a timely, respectful, consistent, fair and confidential manner and will, if appropriate provide support for the person reporting the Concern and the person who is subject to the Concern. 

24.14 Where appropriate and necessary Basketball England reserves the right to report Concerns to the Police. 

25. Breaches of this Policy 

25.1 Basketball England take a strict approach to breaches of this Policy and all breaches will be dealt with in accordance with the Disciplinary Code. 

26. Monitoring 

26.1 Basketball England will continue to monitor the effectiveness of this Policy in accordance with meeting Basketball’s objectives and to identify areas in which further resources or support are required to achieve those objectives. 

26.2 Basketball England will use reasonable endeavours to monitor the treatment and outcomes of any Concerns to ensure that they are properly investigated and resolved, those who report or act as witnesses are not victimised, repeat offenders are dealt with appropriately and training is targeted where needed. 

27. Data Protection and Confidentiality 

27.1 Basketball England complies with and assists others to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including the Data Protection Act 2018 and the UK retained General Data Protection Regulation. 

27.2 Basketball England will ensure that it complies with the requirements of Data Protection Legislation relating to the use of Photography, Filming and Broadcasting and pursuant to this Policy. 

27.3 In particular, as with all personal data, Basketball England will ensure that personal data in Official Use Images and footage is: 

27.3.1 used lawfully, fairly and in a transparent way; 

27.3.2 collected only for valid purposes that Basketball England have clearly explained to individuals and not used in any way that is incompatible with those purposes; 

27.3.4  relevant to the purposes Basketball England have told individuals about and limited only to those purposes; 

27.3.4 accurate and kept up to date; 

27.3.5 kept only as long as necessary for the purposes Basketball England have told individuals about; and 

27.3.6 kept securely. 

27.4 Basketball England will record decisions in respect of any?Photography, Filming or Broadcasting and any related personal data, including the decisions regarding the purpose of the processing and the lawful basis relied on (such as Consent or legitimate interests).? Appropriate documentation must be retained, such as copies of data privacy notices and copies of Consent forms. 

27.5 Under Data Protection Legislation, individuals have a right to object to Images of themselves being processed. Depending on the circumstances, Consent from the individual or in the case of Minors (where capable) or their parents or other persons with legal responsibility (where appropriate) should be obtained before capturing, using or storing Images where an individual is identifiable. Whilst it is not always possible to avoid a specific Image or footage being captured, where an individual does object to Images or footage of themselves being captured, attempts should be made to avoid Images of that individual and Images of them should be deleted on request. 

27.6 Images or footage must be kept securely: hard copies of Images should be kept in a locked drawer with restricted physical access to the relevant storage location; electronic Images should be in a protected folder with restricted access;?Images should not be stored on unencrypted portable equipment such as laptops, memory sticks or mobile phones. 

27.8 Basketball England will ensure that contracts with third parties impose appropriate requirements in respect of any personal data relating to Photography, Filming and Broadcasting, and personal data will only be transferred outside of the UK if appropriate safeguards are in place. 

27.9 As appropriate, confidentiality will be maintained at all times in respect of all those involved in any process arising under this Policy. 

28. Severability 

28.1 If any provision or part-provision of this Policy is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Policy. 

29. Waiver 

29.1 No failure or delay by Basketball England to exercise any right, make any decision or take action including the taking of proceedings pursuant to the Disciplinary Code (“Action”) provided under this Policy or by law shall constitute a waiver of that or any other Action, nor shall it prevent or restrict the further exercise of that or any other Action. No single or partial exercise of such Action shall prevent or restrict the further exercise of that or any other Action. 

30. Miscellaneous 

In no circumstances will Basketball England, or any of Basketball England's Staff, officers, agents, representatives, or other persons involved in the administration of this Policy be liable in any way for any acts done (or omitted to be done) in good faith in connection with the administration of this Policy to the extent permitted by Applicable Laws. 

 

External Contacts