1. The baseline rule
FACKTS should not rely on hidden or vague permission for identifiable media. When photography, video or audio is planned, people should receive clear notice. Where consent is the lawful basis, the person should know who is recording, the purpose, the type of media, intended public use, relevant third-party sharing and how to withdraw consent.
2. Event notice
Recording notices may appear during registration, on event publicity, programmes, signage or at entry points. A notice should say that photography, video or audio may take place and may be published on FACKTS websites, platforms, social channels, partner deliverables or archives as applicable to the event. Where individual consent is the chosen basis, the consent mechanism should be distinct from general event registration.
3. Featured people versus general event capture
Close-up portraits, interviews, player features, creator profiles, documentary segments and other participant-focused content should receive the level of permission appropriate to their use. FACKTS does not treat simple attendance as blanket permission for every future commercial use. Large crowd or general atmosphere capture may involve a different lawful basis, but it still requires appropriate privacy assessment and notice.
4. Practical opt-out
Where appropriate for the event, FACKTS may use designated camera-free areas, identifiers, advance opt-out forms or a direct instruction to the production team. The method should be practical enough that a person can genuinely exercise the choice. Opting out of media should not be made unnecessarily difficult.
5. Children and minors
Identifiable recorded media involving a child requires particular care. Where required by law, a parent or legal guardian must consent before the child's personal data is processed. The guardian should be told how and where the image, audio or video may be used, including online publication. FACKTS should also consider the child's dignity, age, maturity, safety and best interests before publication.
6. What consent may cover
A project-specific consent may cover capture and use of a person's image, voice, likeness, interview or participation for specified purposes such as event coverage, documentary storytelling, public profiles, promotion, partner reporting, educational material or cultural archiving. The form or notice should identify the relevant purposes rather than using one unlimited phrase for unrelated uses.
7. Withdrawal
Where FACKTS relies on consent, consent may be withdrawn. Withdrawal does not invalidate processing that was lawful before the withdrawal. For future use, FACKTS should stop consent-based processing unless another lawful basis applies. Where FACKTS controls an online post and withdrawal requires removal, FACKTS should take reasonable steps to remove it. Printed material already distributed, third-party copies, reposts or historic material no longer under FACKTS control may not always be fully retrievable.
8. Paid talent, performers and contracted contributors
Where recording or publication is part of a written talent, production, service, appearance or performance agreement, that agreement may govern the authorised use. The contract should still be clear about scope, channels, duration, territory, edits, credit and compensation where these matters are relevant.
9. Image consent is not a music-rights transfer
A participant's permission to film or photograph them does not by itself transfer copyright in a song, beat, master, composition, artwork or performance. Music and performance rights require their own valid authorisation, licence, split documentation or contract as applicable.
10. Partner co-production
When a partner is involved in filming, distribution or a co-branded activation, the consent or privacy notice should explain relevant sharing or joint use. A FACKTS partnership is not automatic permission for every partner to reuse a person's media for unrelated purposes.
11. Sensitive moments
FACKTS should use additional judgment before publishing media involving injury, medical treatment, distress, private conversations, vulnerable people or information that could expose a person to unnecessary harm or humiliation. A dramatic moment is not automatically a publishing right.
12. Requesting withdrawal or raising a concern
Send the person's name, the event or project, the relevant link or description of the media, and the request to info@facktsafrica.co.ke. FACKTS may ask for reasonable information to verify identity or authority, particularly where a request concerns a minor.