To think the photos aren’t appropriate/too revealing for college work

[ThatsMyPenguin]

DS is 18, he’s in his second year at college doing an Art and Design course, one of the units is all photography based. He’s loving it.
As part of the unit they need to create a mini portfolio of some portraits, landscapes and still life images. There seems to be a fair amount of creative control. He wants to be a photographer so this unit is important to him.

Last night he was working on the computer downstairs and I was looking at his images (he was editing them).
He has taken some pictures of an old school friend (currently 17) in lingerie. They are quite tastefully done (I won’t post them here as like I said they seem inappropriate to me).
Some have been done to look like she is laying on a bed I think and the placement of her hands make it seem quite sexual, another is from behind and the lingerie doesn’t provide much coverage of her behind so that seems quite inappropriate. He’s taken pictures of her which aren’t revealing too, focused more on her face etc. They are much better but he is insisting he will be fine to use a combination and it’s “art”. They are well done I just don’t think it’s appropriate to take pictures like that of a 17 year old!! His college tend to display some of the work too so I’d be surprised if they allow it, DS says they are fine with it but admits they don’t know she is 17.

AIBU to say pictures of this nature aren’t appropriate considering they are for uni and she’s not 18?

First off has she consented?

second no I don't think it would be allowed

Well they were taken with a professional camera, some in the studio at college so yes I’d imagine she has consented, I’ll check with DS though.

She still counts as a juvenile so no, it’s definitely not okay.

I would juts confirm with DS that she consents to the knows he is putting in the portfolio. Knowing it will be seen by others. They are a similar age and she is above the age of consent- but I agree I'd be uncomfortable- mainly on the basis that depending how much of her is exposed. Does she really understand that some random (they are friends now, but friendships don't always last) will have revealing photos of her, as will adults at her college. If she really doesn't care, sees the photos as on no way something she sees any issue with, then it's up to them.

There is consent to the photos and consent to them being used

I would hope they are not allowed regardless though

@MrsGarethSouthgate- does she? I know actual topless is over 18- but I agree for both of their sakes I'd be very clear/ careful about what is legal with a girl that age!

I would tell him given her age he needs to a, check with college they are appropriate and b, if he does intend to use them have return permission from her and ideally her parents. Particularly if they are going to be on display at all.

Is her face visible enough to identify her?
At 17 she may not think of possible long term consequences of putting them out into the world. Does she want to work as a model and can use them for her own portfolio or anything? Just wondering what the dynamic is between them.

I did a similar course around age 20 and nobody submit anything like this for the portrait module and we would definitely been steered towards formal or candid shots of faces/ people. Definitely not lingerie shoots but maybe times have changed.

In the images where her body can be seen, you can’t really see her face, or just an obscured side profile, but there are others which are more focused on her face.
She definitely could model if that’s what she wanted, has the looks for it! But I don’t know if she actually wants to or if for her it was just a bit of fun. My DD is the year below her at the same school and the girl has a reputation for being smart and sensible so I’d guess she’s thought it through but at 17 I’m not sure she’d have the foresight to appreciate the risks.

DS likes to be different with his art which is why I’d imagine he’s done this!

I would expect him to tell the college that she is under 18 and let them decide. Personally, I don’t think it is appropriate even with her consent.

If he wants to be a photographer he needs to read up on model release forms and gain a clear understanding about a model's consent to types of photographs being taken and how they are to be used and distributed.

Did he have that conversation with her prior to the shoot?

I'd be interested to hear what the college say.

I think he has a release form or similar (tried to show me in when I was questioning whether or not it would be ok) but I'm not sure if she would actually be allowed to sign it anyway being under 18 - therefor even if it's signed surely it's void?

She may be over the age of consent but in the eyes of the law she is under 18 therefore is still a child.

This makes me wince. Could you not advise him that this is actually a very bad idea OP. Please get him to not use them.

'DS likes to be different with his art which is why I’d imagine he’s done this!'

Definitely nothing different about men taking photos of women in lingerie.
If the assignment goes toward his grade he could ask a tutor if it is acceptable to submit semi-nudes of someone under 18.

This is definitely something that he should not be allowed to do. Whether she has "consented" or not, she's 17 and has her family and professional life ahead of her. At that age she doesn't have the capacity to assess the future implications of some 18 year old taking near naked shots and sharing them.
Tell him to delete them and inform the college, they need to implement appropriate boundaries.
Also, as PP mentioned, there's nothing "different " about a male exploiting a female.

Nah. Your ds taking photos of undressed/ scantily dressed young women is the opposite of being different with his art.

This. Personally I'd be asking her to sign a form like they do with models.

She’s under 18 so that’s a firm no. What was you ds thinking.

This seems like a bad idea. Just googling 'can an adult take a photo of a 17 year old in underwear' shows these two pieces of info among many, many websites saying don't do it, including photographers forums.

However, it is an offence to make, distribute, possess or show any indecent images of anyone aged under 18, even if the content was created with the consent of that young person. The law is contained in Section 1 Protection of Children Act 1978.

WHAT COUNTS AS AN INDECENT IMAGE OF A CHILD?
An indecent image of a child is a photograph, pseudo-photograph, drawing or other depiction of a child under the age of 18 that displays content of a sexual nature. The definition of what counts as ‘sexual’ is not set out in the law, however the courts have taken it to mean:
• Sexual pictures including ones where the subject is wearing underwear

Definitely nothing different about men taking photos of women in lingerie.
If the assignment goes toward his grade he could ask a tutor if it is acceptable to submit semi-nudes of someone under 18.
Agree with this and I'd find it hard to believe that anyone in education would say that it's a good idea to have semi-nude photographs of a minor.

Keeping Children Safe in Education talks about:
"consensual and non-consensual sharing of nude and semi-nude images and/or videos (also known as sexting or youth produced sexual imagery)" as a safeguarding concern.

There is a note about consensual nude and semi nude images sharing between older children is still illegal, even if it is not abusive.

@ThatsMyPenguin he is breaking the law and under safeguarding the collage will have to report it. It needs to ask as though he hasn't done it yet so they can tell him no. He needs to understand the law on this. Taken from a safeguarding website.

" In the UK the age of consent for sexual intercourse is 16. However, it is an offence to make, distribute, possess or show any indecent images of anyone aged under 18, even if the content was created with the consent of that young person. The law is contained in Section 1 Protection of Children Act 1978. ‘Indecent’ is not defined in legislation. When cases are prosecuted, the question of whether any photograph of a child is indecent is for a jury, magistrate or district judge to decide.
Indecent imagery does not always mean nudity; however, images are likely to be defined as such if they meet one or more of the following criteria:

• nude or semi-nude sexual posing (e.g. displaying genitals and/or breasts or overtly sexual images of young people in their underwear)
• someone nude or semi-nude touching themselves in a sexual way
• any sexual activity involving a child
• someone hurting someone else sexually
• sexual activity that includes animals

The non-consensual sharing of private sexual images or videos with the intent to cause distress is also illegal. The relevant legislation is contained in section 33 of the Criminal Justice and Courts Act 2015. Terms such as ‘revenge porn’ and ‘upskirting’ are also used to refer to specific incidents of nudes and semi-nudes being shared. However, these terms are more often used in the context of adult-to-adult non-consensual image sharing offences outlined in s.33-35 of the Criminal Justice and Courts Act 2015, Voyeurism (Offences) Act 2019 and s.67A of the Sexual Offences Act 2003."

It's also disappointing that both you and your DD think that her "being smart" means that she can consent.

If she’s under 18 the model release form must be signed by her parents or legal guardian. So he’ll have to ask her dad.
How does he feel about that? Will it help him to understand it’s not “art”, just exploitation.

It’s a no from me

and if my 17 year old daughter consented but I hadn’t as her parent, you better believe I’d be coming banging your door down. Think of her family.