Can some fellow MNers please ask your advice on using photos on FB and Twitter?

[OneHandWavingFree]

Hello legal types :)

You may or may not be aware of a campaign started by a group of MNers (not an official Mumsnet Campaign) called Let Toys Be Toys. It's aimed at convincing retailers to stop labeling toy aisles (and catalogues etc.) as "Boys" and "Girls" sections, but to instead label them by function, e.g. "Construction", "Dolls", "Vehicles", etc.

We have a Facebook page, which various people have been uploading pictures to (to highlight the issue as we see it - so things like a Globe on a shelf labeled "boys", or a display of beauty products on a shelf for "Girls Toys", that kind of thing).

We're wondering now whether there are any legal implications we should be aware of, to:
-- taking photographs on retailers' premises
-- uploading those photographs with identifying information, which is all true but of the 'name and shame' variety.
-- distributing the photographs and captions via Twitter.

Can anyone please advise whether we should proceed with caution, and what we should be careful about?

Thanks very much!

On the same issue, I'm wondering if I'm right in guessing that there's nothing illegal about taking pictures in-store (unless they suspect you of terrorism!) but that the shop is within its rights to ask you to leave?

A shop is private property. As such they can impose whatever conditions they want on entry to the shop. If there is a notice saying that photography is not allowed you are guilty of trespass if you take photos. In the absence of any such notice you are free to take whatever photos you want. If the owner of the shop (or someone acting on their behalf) asks you to leave they are withdrawing their consent for you being in the shop. You must therefore leave without taking any further photos or you will be guilty of trespass.

If a photo is taken legally and does not show any people you are free to do whatever you want with it. If people are visible it would be wise to get written consent from the individuals involved before publishing the photo on a website, Twitter or in any other way. If any children will be in the photo it is strongly recommended that you get permission from the parents before taking the photo.

Thanks so much for replying :)