Mother Raises Alarm Over Exploitative Marketing Clause Targeting Children’s Images

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Mother Raises Alarm Over Exploitative Marketing Clause Targeting Children’s Images

Key Takeaways:

  • A mother in Auckland was put off from taking her children to an "Enchanted Christmas" event after discovering the terms and conditions allowed the business to use photos of her children for advertising and social media without her consent.
  • The business has since removed the term from their website and will now ask families to opt-in before using their photos.
  • The mother, a scientist, is concerned about the risks of artificial intelligence and the lack of laws in New Zealand to protect children’s digital privacy.
  • New Zealand currently has no binding laws regarding artificial intelligence, making it one of the most vulnerable countries in the OECD when it comes to children’s faces and AI training.
  • The mother is advocating for better policies to protect children’s digital footprints and ensure their safety online.

Introduction to the Issue
The festive season is upon us, and many families are looking for fun and exciting experiences to enjoy together. However, for one Auckland mother, what was supposed to be a magical experience turned into a nightmare. Michelle Dickinson, a scientist and mother, was browsing the website of "Enchanted Christmas" in Auckland’s Newmarket, which boasts 180 decorated Christmas trees, hundreds of thousands of lights and decorations, along with photo opportunities with Santa Claus and the Grinch. As she was about to purchase tickets, she decided to read the terms and conditions, and what she found was alarming. The terms and conditions stated that Enchanted Christmas reserved the right to use photos taken by their team and photographer for advertising purposes and on their social media platforms, without any opt-out option or discussion of how the photos would be stored or shared.

Concerns about Digital Privacy
Dickinson’s concerns were not just about Enchanted Christmas using the photos, but about how they could be used once they were online. As someone who works in artificial intelligence every day, she is aware of the risks of AI and its potential misuse. She explained that images of children can be combined with AI to create digital humans and avatars, which can be used for malicious purposes. Dickinson is also concerned about the lack of laws in New Zealand to protect children’s digital privacy, making it one of the most vulnerable countries in the OECD when it comes to children’s faces and AI training. She believes that children should have the right to choose whether or not they want a digital footprint, and as a parent, she wants to keep her children safe online.

Response from Enchanted Christmas
After being contacted by Checkpoint, Enchanted Christmas removed the term from their website and stated that they would ask families to opt-in before using their photos in advertising or social media. The creators of Enchanted Christmas explained that the clause was included in their terms and conditions because they could not be sure that visitors would not post photos and videos featuring other attendees, which could be liked, shared, and potentially used in collaboration with Enchanted Christmas on social media platforms. They also wanted to be able to use photos from the opening night in advertising and other images taken onsite could be used in workshops. However, Dickinson’s concerns go beyond Enchanted Christmas and highlight a larger issue of digital privacy and the need for better policies to protect children’s online safety.

The Need for Better Policies
Dickinson is advocating for better policies to protect children’s digital footprints and ensure their safety online. She believes that New Zealand needs to have binding laws regarding artificial intelligence, similar to other countries, to prevent the misuse of children’s images and personal data. As a parent, she wants to ensure that her children are protected online and that they have the right to choose whether or not they want a digital footprint. Dickinson’s concerns are not just about her own children, but about the safety and well-being of all children in New Zealand. She hopes that by speaking out, she can raise awareness about the importance of digital privacy and the need for better policies to protect children’s online safety.

Conclusion
The incident with Enchanted Christmas highlights the importance of reading terms and conditions carefully and being aware of the potential risks of sharing personal data and images online. It also raises important questions about digital privacy and the need for better policies to protect children’s online safety. As technology continues to evolve and become more integrated into our lives, it is essential that we prioritize the safety and well-being of our children and take steps to protect their digital footprints. By advocating for better policies and raising awareness about the importance of digital privacy, we can ensure that our children are protected online and that they have the right to choose whether or not they want a digital footprint.

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