5E Other Laws Affecting Broadcasting : Child Performance Licences
The law states that children under the compulsory school age (16) must not take part in any "performance", including a "broadcast performance", except under the authority of a licence granted by the local authority in which the child resides. However, there are some exceptions: for example, a licence is not required where no payment is made (to the child or another person) in respect of the child taking part in the performance (expenses can be paid) and where, within the six months preceding the performance, the child has not taken part in other qualifying performances on more than three days.
Unfortunately, there is no accepted definition of what constitutes a "performance". Standard broadcasting industry practice is to treat traditional performance-type activities e.g. singing, dancing and acting as amounting to a performance under the legislation but that general filming e.g. in factual and documentary programming, is not caught by the legislation.
Judging whether a child performance licence is necessary in a particular case is rarely straightforward and is not helped by the fact that each local authority tends to have its own interpretation of the law.
Accordingly, wherever young people of school age are to be featured prominently within programmes or, indeed, it is felt that the child's contribution might amount to a performance, even where the contribution is insubstantial, programme-makers must seek advice from the programme lawyer.
Note: young people are deemed to be of compulsory school age until the last Friday in June in the school year in which they have reached the age of 16. Thus, a young person may be 16 years old but still require a licence to perform.