On July 1, it was mandatory to label all types of advertising with retouched people. Retouching means changing an image before or after it is taken, using image editing, filters and other digital changes. There are pictures and films where the body’s shape, size or skin has changed that will now be noticed. The purpose of the new law is to counteract body pressure and artificial body ideals, and is intended to protect children and young people in particular. Norway is one of the first countries in the world to introduce such a requirement. Save the Children’s youth organization Press has praised the new law. However, several professional photographers fear it may make it difficult to market your business. – It is quite hopeless and we are desperate. That’s what Miriam Skeide, photographer and owner of the company Mitt lille studio on Averøya in Møre og Romsdal, says. Such stamps must be placed on retouched advertising images from 1 July. Fines can be the result if you fail to mark photos. Photo: The Consumer Council All photos must suddenly be marked Skeide works as a portrait photographer, and takes photos of families, babies, children and newborns. She believes the intention of the law change is good. The skepticism came when she realized what the Norwegian Consumer Agency defined as retouching and not: – As the new law is, we will have to mark every single image as retouched, says Skeide. This is because most photographers take pictures in raw format, and thus the pictures must be post-processed, thankfully. Raw is a file format that has not been processed and that needs to be processed. Skeide’s finishing of the images usually involves correction of contrast, shadow, color saturation, temperature and sometimes exposure. – That is not what we would call retouching, she says. The Norwegian Consumer Agency confirms in an e-mail to news that this will trigger a labeling obligation. “… if you finish with light, color, contrast, shadows, etc., this will change the skin color of the people in a picture or video, and the labeling requirement arises. The preparatory work states that there is no requirement for the extent of changes before the labeling obligation occurs. ” writes the audit. It is thus editing that entails a change in the body’s shape, size or skin, which must be noticed. A general finishing of images will be able to affect the skin of a person in an image and thus have to be noticed. New law on retouching advertising The advertiser and the creator of advertising is the party required to mark the images The law also applies to influencers who retouch themselves in an advertisement for a product, service or business Offenses can lead to financial sanctions such as coercive fines and infringement fines Changes in body shape, size or skin should be marked Retouching of color on hair, teeth, eyes, eyebrows, eyelashes or body hair does not need marking. However, if the size of any of these parts of the body is changed, it must be marked Retouching of parts other than people in pictures or film does not need to be marked. Removing a building or changing the nature of an image is therefore not covered by this law. Source: The Norwegian Consumer Agency Will destroy for marketing The Norwegian Consumer Agency will check that the new rules are followed. If a commercial player does not follow them, fines may apply. Skeide is dependent on using social media for marketing, to attract new customers. Then she uses photos of customers, which she has received consent to share on her own Instagram account. The photographer fears that the new law will put an end to this. – A confirmant does not want me to use images for my own marketing if the person in question receives a large stamp stating that he has been retouched, Skeie says. This picture was taken by Skeide recently on a mission. It is an example of an image she believes should not be marked as retouched. Photo: Miriam Skeide / My little studio – But is it not just good that you now have to notice everything, so we can realize how much you actually retouch? – I think that is the wrong definition, because the brand says retouched personal advertising. I would not say that a person is retouched because they have adjusted light contrast. She believes the result will be that all images must be marked as retouched, and that the images that actually contribute to body pressure disappear in the crowd. Skeide believes the law must be changed, so that retouching is defined as a change in appearance, and not general finishing of images. – We can not avoid marketing for ourselves, we want to make a living from this. Miriam Skeide is a photographer and owner of the company Mitt lille studio on Averøya in Møre og Romsdal. Photo: Miriam Skeie / Mitt Lille Studio The members are upset Jon Terje Fossland is chairman of the board of the Norwegian Photographers’ Association. He says the new retouching law upsets many of the members. They experience that it sets limits for more types of images than it seemed to try. – In our opinion, very much of what is affected by the legal text has no link at all to body pressure, says Fossland. He cites an example from his own work. The other day he took pictures for a coffee shop that sells pizza. The picture of Fossland shows a pizza and two arms. Because he has finished the image by adjusting the contrast and colors in the image, in addition to making the arms darker, the image must have the “retouched person” stamp. The Norwegian Consumer Agency confirms to news that darkening arms announces a duty of care, even if they do not want to conclude in this particular case. – It will be a disc boom in relation to the purpose of the law, as I see it. Unintended consequence Like Skeide, Fossland fears that the law will make it difficult for photographers to market their company by showing their own customer images, because no customers want to be portrayed as retouched. – It looks like an unintended consequence that we experience as both unfair and limiting for how we can perform our craft, he says. – Is it the case that young people’s need to avoid body pressure and photographers’ desire to be able to advertise favorably are two interests that cannot be reconciled? – Photographers’ interests do not conflict with that. We see the intentions of the new law and welcome it, says Fossland. He believes that a delimitation of the law must be in place, so that retouching that causes unhealthy body pressure is marked. But not everything else. Considered exceptions The Ministry of Children and Family Affairs does not wish to conduct an oral interview, but responds to e-mails. – There is no basis for saying that a marking obligation that came into force about two weeks ago has failed. Now this duty must be allowed to work and guidance given from the Norwegian Consumer Agency. This is what Erik Saglie, head of operations at the Consumer, Religion and Philosophy Department at the Ministry of Children and Family Affairs, says. The photographers’ point about focusing on changes that can contribute to body pressure was considered, Saglie writes. Among other things, it was considered whether changing hair shape and lashes and hiding wounds, bruises, pimples and lip color should be exempt. The Ministry came to the conclusion that it was not correct to prescribe exceptions. – The regulations have consequences for everyone who uses retouched images in advertising, also for photographers’ images when they are to be used for marketing. The limits for what kind of finishing triggers the labeling obligation will become clearer with guidance and practice, says Saglie.
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Photographers fear new retouching law destroys their livelihood – news Trøndelag
