Guidance for Video, Images, and Testimonials of Participants in Extension Activities

• Extension employees or volunteers may not use videos or images of program participants for personal reasons.
• To use videos or images from a MINOR participant, you always need to acquire written consent from a guardian.  
• To use videos or images from an ADULT participant, you need to consider how the recording will be used and then determine whether you need consent. 
• Determining whether you need consent to use a video or image of an adult can at times be very circumstantial and will benefit from erring on the side of asking for written consent from the person.  
• Use the following categories to help you decide whether you are legally required to request an ADULT’S consent to use the video or image.  

A – “Stakeholder Communication and Internal Use” 

You do not need written consent from ADULTS if you use the image/video for stakeholder communication and internal use. This includes reporting, since the reporting platform is built to support stakeholder communication (e.g., counties, federal agencies, statewide reports, associations, local citizens). Other typical stakeholder communication includes: presentations at internal and external meetings (e.g., conference presentations, county board meetings), and communicating and sharing information about programs to the public or partners (e.g., social media, websites, impact reports for county boards). (Please note: You always need written consent from a MINOR's guardian if you use an image/video for stakeholder communication or for internal use.)  

 B - “Advertising”  

You always need written consent from ADULTS when using a recording for advertising. Advertising material can be considered promotional or marketing in nature when we charge a fee for membership or fee for the program or event (e.g., Strong Bodies or 4-H flyer for announcing and promoting program sign-up). Videos and images used to solicit donations are considered advertising as well. Even though we are part of state government and not for profit, if we use the video/image for advertising a program that has a fee, we must obtain consent. Both UW Policy (203) and state statute require written consent if using a person’s likeness for marketing and advertising. (Please note: You always need written consent from a MINOR's guardian if you use an image/video for advertising.)

(See section 5 for example scenarios like using images taken at the county fair.) 

• When using a testimonial, you need to decide whether or not there is a strong need to attribute and use the person’s name. 
• If you want to attribute and name a MINOR’s testimonial, you always need to acquire written consent from a guardian.  
• Use the following categories to help you decide whether you are legally required to request consent to use a person’s name with their testimonial.  

A – “Stakeholder Communication and Internal Use” 

If you keep the MINOR or ADULT testimonial anonymous, then you do not need to get written consent when using it for stakeholder communication or our internal use. If you want to quote the MINOR and use their name, you need to acquire the guardian’s written consent. If you want to quote the ADULT, and use their name, you do not need to request written consent. However, do not assume the adult is ok with the use and best practice is to ask for written consent. 

B - “Advertising”  

If you keep the MINOR or ADULT testimonial anonymous, then you do not need to get written consent when using it for advertising. If you want to quote the MINOR and ADULT and use their name, you need to acquire written consent from the guardian or the adult. 

Before you even make a recording, assess whether Extension has received written consent. For state-wide or standardized/member-based youth programs, first check with the Program Manager to see if a video/image/testimonial consent form is part of the registration/enrollment. Additionally, confirm that the consent given includes the type of information you want to use (e.g., images, testimonials, recordings). Templates with the sample language below are provided in English, Spanish and Hmong on the OAIC web.

Ensure that audio/visual recordings and testimonials do not expose participants to risks, for example: 

1. Avoid recordings that show minors in their homes. If you make screenshots or videos based on in-home Zoom calls, make sure that all backgrounds of minors in their homes are blurred. In general, blur minors’ names as well in any screenshots of video calls.
2. Check all recordings for problematic objects or messages (e.g., alcohol, political paraphernalia, messages on clothing that conflict with Extension’s values etc.).    
3. Ensure that what was recorded will not cause harm for participants, their families, and others involved in the programming. This is particularly important when working with vulnerable groups and individuals. Contact your supervisor or the Office for Access, Inclusion, and Compliance if you are unsure – a second opinion is always helpful when making decisions with an ethical impact.  
4. To protect minors, do not post pictures in real time with locations on social media.  
5. If you do have written consent, assess if using a name is necessary in each given case. For example, you could just use first names, or initials.  Your default should be to keep participants as anonymous as possible.  
6. Don’t assume that taking a picture from behind a minor will keep then anonymous. Many people can be identified from behind (e.g., hairstyle, skin color, size, clothing). 
7. It is best practice to inform participants if their answers in evaluations will be quoted or used as quotes/testimonials. 
8. It is best practice to always consider if testimonials, anonymous or not (from ADULTS and especially MINORS) could be harmful for a community or group of people.