Photo and Video Consent Form (Nigeria)

A Photo and Video Consent Form in Nigeria records a party's informed permission for a specified act, authorising it to proceed.

The legal basis for a Photo and Video Consent Form in Nigeria rests on several instruments. Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) guarantees citizens' right to privacy of their homes, correspondence, telephone conversations, and telegraphic communications, and Nigerian courts have read this provision broadly to encompass a common law privacy right over personal data including images and recordings. The Nigeria Data Protection Act 2023 (NDPA 2023), which replaced and upgraded the Nigeria Data Protection Regulation 2019 (NDPR), establishes a thorough data protection framework and designates the Nigeria Data Protection Commission (NDPC) as the principal data protection regulator.

Under the NDPA 2023, photographic images and video recordings that identify or are capable of identifying a living individual constitute personal data within the meaning of Section 65. Processing personal data — including capturing, storing, using, or publishing images — requires a lawful basis under Section 25 of the NDPA 2023. Consent of the data subject is one of the lawful bases under Section 25(1)(a), and the NDPA 2023 requires that consent be freely given, specific, informed, and unambiguous, demonstrated by a clear affirmative action. A pre-ticked box or silence does not constitute valid consent under the NDPA 2023.

A Photo and Video Consent Form must be distinguished from a Model Release Agreement, which is a more detailed commercial contract used in the advertising and fashion industry governing compensation, exclusivity, and moral rights. The Photo and Video Consent Form also differs from a Media Release used by media organisations and broadcasters regulated by the National Broadcasting Commission (NBC) under the National Broadcasting Commission Act (Cap N11, LFN 2004).

For images of minors (persons under 18 years of age), the consent of a parent or legal guardian is mandatory under Section 30 of the Child Rights Act 2003 (CRA 2003). The CRA 2003 has been domesticated in most Nigerian states and provides that the best interests of the child are paramount in all decisions affecting the child, including decisions about the publication of a child's image. For images used in commercial advertising, the Advertising Regulatory Council of Nigeria (ARCON) Code of Advertising Practice and the Standards Organisation of Nigeria (SON) guidelines may also apply.

The legal framework governing the Photo and Video Consent Form (Nigeria) in Nigeria draws on several key statutes and regulatory bodies. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Parties executing a Photo and Video Consent Form (Nigeria) in Nigeria should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Contract Law (received English common law) sets the foundational requirements.

A Photo and Video Consent Form is required in Nigeria whenever an organisation, photographer, or individual wishes to capture and use another person's image or likeness in any medium.

A Photo and Video Consent Form is needed when a school, university, or training institution photographs or films students for use in prospectuses, websites, social media, or promotional materials. Under Section 30 of the Child Rights Act 2003, parental consent is mandatory before images of children are captured or published, and the NDPC has issued guidance requiring schools to obtain written consent forms from parents at enrolment.

A Photo and Video Consent Form is required when a company or NGO conducts a marketing campaign, product launch, or corporate event and wishes to photograph or film attendees for use in advertising, annual reports, or social media posts regulated by the Advertising Regulatory Council of Nigeria (ARCON).

A Photo and Video Consent Form is needed when a media organisation, broadcaster, or online publication wishes to use a photograph or video of a private individual — as opposed to a public figure — in a news story, documentary, or feature. The National Broadcasting Commission (NBC) Digital Broadcasting Codes require that consent be obtained before broadcasting personal images in identifiable contexts.

A Photo and Video Consent Form is required when a healthcare provider, hospital, or medical research institution photographs or films a patient for educational, training, or publication purposes, in compliance with both the NDPA 2023 and the Medical and Dental Council of Nigeria (MDCN) ethical guidelines on patient privacy.

A Photo and Video Consent Form is needed when event photographers or videographers at weddings, corporate events, or concerts wish to use footage commercially — for portfolio display, stock photography agencies, or licensing to third parties — beyond the original purpose for which images were captured at the event.

Parties in Nigeria should prepare a Photo and Video Consent Form (Nigeria) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Photo and Video Consent Form in Nigeria must include the following essential elements.

Identification of Parties: Full name of the subject (the person being photographed or filmed), the organisation or individual obtaining consent (the data controller under the NDPA 2023), and — for minors — the full name and relationship of the parent or guardian giving consent on the minor's behalf under Section 30 of the Child Rights Act 2003.

Description of Content: A specific description of the photographs, videos, or recordings to be captured — including the event, location, date, and nature of the images. Under Section 25(1)(a) of the NDPA 2023, consent must be specific to a defined purpose; blanket consent for all future uses is unlikely to satisfy the NDPA 2023 requirement of specificity.

Purpose and Scope of Use: The specific purposes for which the images will be used — such as social media, printed marketing materials, broadcast, internal training, or educational publications — and the channels through which they may be published. The scope must be narrow and defined; consent for one purpose does not authorise use for an unrelated purpose.

Duration: The period for which consent is granted. Under the NDPA 2023 data minimisation principle in Section 24(1)(e), personal data (including images) should not be retained longer than necessary. A specified duration (e.g., three years) or a revocable-at-will provision is recommended.

Right to Withdraw Consent: An express statement of the subject's right to withdraw consent at any time under Section 34 of the NDPA 2023, together with the process for doing so. Withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal.

Compensation (if any): Whether the subject is being compensated (for commercial shoots) or whether consent is given without consideration (for charitable or educational purposes).

Governing Law: Nigerian law, including the Nigeria Data Protection Act 2023, the Child Rights Act 2003, and the Constitution of the Federal Republic of Nigeria 1999, Section 37.

Signature and Date: The subject's (or guardian's) signature, printed name, and date of signing. For digital consent, the NDPC guidance recommends a clear affirmative action such as a checkbox confirming consent.

Additional compliance elements for a Photo and Video Consent Form (Nigeria) used in Nigeria include: Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.