Filming people without their permission ... the law?

Hmm, so I was wondering if anyone could help me or give me a clear source to the law in the UK.

As far as I know, taking a photograph or filming someone and then posting it online somewhere is not necessarily illegal, or is it?

As far as I remember they can't actually do anything about it.

So presuming the video is not defamatory or used in a negative way what are the 'rules'?

Reply 1

Alans Amp

http://www.guardian.co.uk/uk/2009/dec/11/snapshot-special-branch-terror-suspect?intcmp=239

this video pretty much shows that you can if your in a public place.

but it also shows most policemen are confused about what the law is surrounding photography and video in public

Reply 2

fran.ha

Thanks.

I'm aware of the problems with this regarding please officers and filming buildings, but I'm more askign about members of the public's FACES being filmed and put on the internet. I'm guessing this is allowed just as much as filming any public property is?

Reply 3

mother_eve3088

Obviously don't quote me on this, but I think you CAN do it, however if one of the people in the video contacts you to ask you to remove it/blurr their face, then you have a legal obligation to do so.

Reply 4

fran.ha

Original post by Absinth

So it's ok to follow someone around without them knowing, film them, and upload it on Youtube?

I think it depends on your intentions. If you're following them round, filming them and then taking it home and rubbing your crotch whilst watching it, there might be grounds for some sort of restraining order. If you're filming someone looking awesome and then posting a video on youtube of them being awesome its probably OK.

Reply 5

Beska

Original post by Absinth

So it's ok to follow someone around without them knowing, film them, and upload it on Youtube?

If it's in a public place, where "they have a reasonable expectation to be seen", then yes. It's fine.

e: This assumes you are not harassing them. Harassment law is different to laws governing photography.

I do a lot of street photography, and you don't need to blur faces. It would destroy this category of photography if you had to do so!

(edited 13 years ago)

Reply 6

Beska

Original post by Absinth

I see. Hmm... what about filming other people's children (innocently)?

Also fine, however it's more of a grey area than photographing adults. In Scotland it may be treated as a breach of the peace if you photograph under-16's. It's normally advisable just to get verbal consent of the parents.

Reply 7

Juno

I thought as long as you weren't doing it for commercial reasons it's ok. So you can't use a picture without permission in a brochure, or on a website to sell something. I'm sure I remember a holiday company (or similar) getting into trouble for taking photos of guests and using them in their advertising.

Reply 8

Beska

Original post by Juno

What about the paparazzi then? :p:

Comes down to, again, a reasonable expectation of privacy.

UK Photographer's Rights

For images of people in public places, the key seems to be whether the place is one where a person would have a reasonable expectation of privacy and the courts have greatly extended the areas where this might be the case. A court has held that the right of privacy of a child might be infringed by the taking and publishing of a photograph of him with his parents in a public street. Privacy actions in the UK have been concerned with publication rather than simply the taking of a photograph, but a recent decision of the ECHR suggest that simply taking a photograph may, in some circumstances, infringe the right. Photographers are therefore advised to be careful when taking photographs intended for some kind of publication, even when the subject is in a public place. Photographs taken of people at public events are probably still permissible, at least for the present. The general advice is to get consent, and preferably written consent, wherever possible. Failure to obtain a signed model release will certainly impair the commercial use of an image, because many photo libraries, stock agencies and the like will not accept an image of a recognisable person without a release.

Reply 9

Juno

Original post by Beska

What about the paparazzi then? :p:

Comes down to, again, a reasonable expectation of privacy.

I did actually think of that whilst typing.

Reply 10

Beska

Original post by Juno

I did actually think of that whilst typing.

There's something called 'right of publicity' where somebody can't use your image to advertise something (i.e. put your face to something) without your permission, but I don't think anybody really pays attention to it, ha. All Saints (clothing brand) use celeb pap shots all the time to advertise that the celebrities are wearing their clothes, and they've done this for years so I guess it's one of those laws that nobody really cares about but it's there just in case. Like, just in case a holiday company takes a pic of you looking like a beached whale after 2 weeks of overeating and uses it to advertise their holidays!! :p:

Reply 11

Fusion

Original post by Juno

The Evening Standard, or perhaps one of the other free newspapers, used to run a feature where they'd take a photograph of a random person, publish it in the paper, and offer a cash prize to the person if they contact them. Wouldn't that be classed as commercial reasons?

Reply 12

Satan2000

I am getting filmed on a daily basis and the authorities are doing nothing while I am having a bath knowing full well there are cameras in every room. What can I do without killing these sick ppl who put them there

Reply 13

Thomasina massey

The guy next door is taking video of my son when he is doing the garden which has caused a row then he bed mouth my husband who is no longer with us he didn't even know him it was disgusting what he said can he get away with this