I can understand how Jeff Mitchell can claim that “[t]he people in the photo have been betrayed by Ukip, rather than me personally. […] I was busy on another job when I heard they’d used it, and carried on with my work as normal. My job – telling the story of the migrants – had been done” (Jeff Mitchell’s best photograph, 2016). He did not alter the image and place anti-EU text over it, after all. He is correct that images can be altered and placed in new contexts at will and that the photographer cannot usually control this.
At the same time, I wonder where the line of responsibility ends and I know well that there will not be a satisfactory answer to the questions. But I will ask them anyway: Are some images best not made? What legal conditions can be placed on the use of images? What responsibility does a third-party agent like Getty Images bear for the eventual use of images they license? Who re-created the artwork for publication? Who printed it and what is their responsibility? And finally, who commissioned and used the piece? What role do(es) the audience(s) play?
The best Getty Images could offer was the following statement: “It is always uncomfortable when an objective news photograph is used to deliver any political message or subjective agenda. However, the image in question has been licensed legitimately” (Stewart and Mason, 2016). Legitimate licensing is important, but ethical considerations and legality do not always overlap.
References
5 Ways to Disrupt Racism (s.d.) At: https://www.facebook.com/videorev/videos/5-ways-to-disrupt-racism/1842194622678524/ (Accessed 06/02/2021).
Eight reasons Leave won the UK’s referendum on the EU (2016) In: BBC News 24/06/2016 At: https://www.bbc.com/news/uk-politics-eu-referendum-36574526 (Accessed 06/02/2021).
Jeff Mitchell’s best photograph: ‘These people have been betrayed by Ukip’ (2016) At: http://www.theguardian.com/artanddesign/2016/jun/22/jeff-mitchells-best-shot-the-column-of-marching-refugees-used-in-ukips-brexit-campaign (Accessed 06/02/2021).
Stewart, H. and Mason, R. (2016) ‘Nigel Farage’s anti-migrant poster reported to police’ In: The Guardian 16/06/2016 At: https://www.theguardian.com/politics/2016/jun/16/nigel-farage-defends-ukip-breaking-point-poster-queue-of-migrants (Accessed 06/02/2021).
Travis, A. (2016) ‘Fear of immigration drove the leave victory – not immigration itself’ In: The Guardian 24/06/2016 At: https://www.theguardian.com/politics/2016/jun/24/voting-details-show-immigration-fears-were-paradoxical-but-decisive (Accessed 06/02/2021).
The Self and the Other 