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JoshAussie (Offline)
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Public photography faces restricitons - 07-29-2008, 01:37 PM

WARNING LONG THREAD

Restricting photography in public places is now a legitimate action that local police forces are permitted to take.

In a reported letter to the National Union of Journalists, Jacqui Smith said chief constables can “monitor or restrict” public photography in some circumstances.

Although restrictions are not enshrined in law, the home secretary said local police officers can take an “operational decision” based on the specifics of each situation.

In the letter, seen by the British Journal of Photography, she reminded that, despite legal wrangling there is no presumption of privacy for individuals in a public place.

However, a Home Office spokesman has told Freelance UK that decisions may be made at a local level to restrict photography in public, such as to protect children.

“It is for the chief constable to ensure that officers and police community support officers are acting appropriately with regards to photography in public places,” he said.

“Decisions may be made locally to restrict photography, for example to protect children. Any questions on such local decisions should also be addressed to the force concerned.”

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When you take a snap in the street you do not know if the person is involved in private activity. That lovely picture of a couple hand in hand may have been taken when they were on a sneaky adulterous weekend. The crowd picture at the football match may have shown someone who called into work on a ‘sickie.’ As was stressed in the Rowling case, the test of whether you have gone too far will focus on the use of the photos- i.e. what would a person expect would be done with photos of them? So, you could probably publish the football match picture when reporting the match but not for the front of a glossy brochure.

Although individuals do not have value in their faces it will usually be an invasion of privacy for their images to be used to endorse a product. The Courts will also be especially careful to protect the privacy of children; whether or not the photos are to be used commercially. Therefore if you want to use photos of people; obtain model releases which cover all the uses you may make of the photo to ensure that your snapshots don’t end up costing you dearly.

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I personally think this is ridiculous.

How can an image endanger a child? unless there under witness protection, but that would apply to everyone? so what are the specifics for?

Secondly, i dont think its the Photographers fault if you have lied to your boss or are cheating on your wife and get caught by accident. dont wana get caught?! dont go to a public place.

I agree that you shouldnt be able to promote something with an image without the person in the images consent. alltho this is a bit tricky, usually if you take an image your supposed to get a written consent. but is it the photographers fault if someone uses one of there images to falsly promote media? id say no BUT that could be argued im not entirely sure i agree with myself anyway.

Last edited by JoshAussie : 07-29-2008 at 01:52 PM.
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07-29-2008, 02:37 PM

I think it's ridiculous too. And laws like that are nearly impossible to enforce.
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07-29-2008, 08:53 PM

I think they are going a bit too far, but not everyone wants pictures of thier children published in the newspapers or on the internet without even knowing about it. You don't know who could be looking at it, and it's especially dangerous if the child is wearing a school uniform because it identifies exactly where they are.
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