Has the BNP Christmas Card used this picture of a little girl ILLEGALLY?
So we’ve all seen the BNP Christmas card right?
White Christmas? An unpleasant double meaning there
If there’s any doubt that the BNP are pushing a racially motivated Christmas card then read the inside. Islamification this, immigrants that. It’s a bigoted buzzword bingo.
The BNP aren’t just playing the race card, they’re sending it
But is this legal?
Who is the little girl in the picture and do her parents know what it’s being used for? It would be quite alarming for a child, through no fault of their own, to be associated with the BNP. It could lead to bullying, ostracisation and all sorts of unpleasantness.
Is it right that a photo licensed to a stock agency can be used in this way?
This particular picture was bought from iStockphoto (owned by GettyImages) and sourced from Steve Debenport Imagery, Inc.
So, let’s read iStockphoto’s licence terms – are the BNP in violation? To us it looks like they might be in trouble with point 4.7.
It prohibits photos featuring a model or property from being “used in connection with a subject that would be unflattering or unduly controversial to a reasonable person”, unless printed with a statement that they’re being “used for illustrative purposes only”.
There is no such statement on the card.
We put it to Clive Jefferson, National Treasurer of The British National Party, that their use of the image was in violation of the agreement.
Jefferson replied, “We’ve used iStock for a decade. Every year someone like your good self tracks down and sees to find if they if we’ve violated any terms and conditions.
“We’re one of the most guidelines-compliant political parties in the UK – we have to be. I don’t why there should be any negative consequences for the girl in the picture, it’s a model and a commercial transaction. The end.”
We also asked for a comment on ‘White Christmas’, which he denied was a racist pun, “It’s like Bing Crosby! There’s no racial comment to using white christmas with the BNP. The only people who find this offensive is journalists like yourself.”
We’ve reached out to Getty Images for comment.
UPDATE: Another point, pointed out by reader @ZefTillDeath, her eyes have been photoshopped blue