As an addendum to Philip's reply, this Information Sheet - "Street Photographer's Rights" - might be useful. It was compiled by the Arts Law Centre of Australia:
http://www.artslaw.com.au/info-sheets/info-sheet/street-photographers-rights/ Cheers Brian ++++++++++++++++++++++++++++++++++ Brian Walters Western Sydney Australia http://lyons-ryan.org/southernlight/ On Wednesday, November 30, 2011 10:00 AM, "Philip Northeast" <[email protected]> wrote: > One of the problems in Australia, and other countries with a Federal > system of government, is the conflict between state and > national(Commonwealth) laws. > > So this applies particularly to Tasmania, an Australian state. > > Privacy laws apply to information, so medical records and other personal > details are protected by Federal privacy legislation, there is no right > to privacy regarding images in the Privacy act. > > For street shooters this means that if you can see it you can photograph > it if it is in plain public view - if there is "no expectation of > privacy " by a person. > > This caveat allows for laws to prohibit photographing in public toilets > (it is a public place by there is some expectation of privacy). Other > practices such as using mirrors for upskirt photography come under this > caveat. > > Even if the subject is on private property, but still in plain view then > there is no definite prohibition on photography. > > Australia does not have a specific right to freedom of expression in the > federal constitution but because the constitution specifies a democratic > government it implies there must be free discussion to achieve this - > freedom of expression. > > Protections against photography and its use. > ============================================= > To protect people there are federal defamation laws that could apply if > publishing the photograph damages a persons reputation. > > There is also the concept of Nuisance - persistent photography that > harasses the subject could get the photographer into trouble. > > Section 13 of the Tasmania Police Offences act deals specifically with > restrictions on photographing and publishing. > > > > POLICE OFFENCES ACT 1935 - SECT 13B > > 13B. Publishing or distributing prohibited visual recording > (1) A person who publishes or distributes a prohibited visual > recording of another person having reason to believe it to be a > prohibited visual recording, without lawful and reasonable excuse (proof > of which lies on the first-mentioned person), is guilty of an offence. > > Penalty: > > Fine not exceeding 50 penalty units or imprisonment for a term not > exceeding 12 months, or both. > (2) In this section – > > "distribute" includes – > (a) communicate, exhibit, send, supply or transmit to someone, whether > to a particular person or not; and > > (b) make available for access by someone, whether by a particular person > or not; and > > (c) enter into an agreement or arrangement to do anything mentioned in > paragraph (a) or (b); and > > (d) attempt to distribute; > > "prohibited visual recording" of another person means – > (a) a visual recording of the person in a private place or engaging in a > private act made in circumstances where a reasonable adult would expect > to be afforded privacy; or > > (b) a visual recording of the person's genital or anal region, when it > is covered only by underwear or bare, made in circumstances where a > reasonable adult would expect to be afforded privacy in relation to that > region. > > > > > Philip Northeast > > www.aviewfinderdarkly.com.au > > On 30/11/11 5:06 AM, Thibouille wrote: > > The teacher asked to do some work about a legal issue concerning legal > > rights of photographs use. > > As he showed us a couple short movies on the topic and because I > > believe that street shooting is indeed a fundamental of photography, > > I'd like to know: > > > > * the status of street shooting in your country, both on a legal and a > > practical point of view (I know that often things are permitted but > > some zealot thinks you shouldn't be allowed to no matter what the law > > is) ? > > * did the status of street shooting in your country change in recent > > years (I'd say recent being last 15 years till today) ? > > * would you say there's a tendency to restrict photographer's rights > > in your country and why/how ? > > > > > > This doesn't need to be huge answers, really. But if you have any > > legal reference in your mind, please do so :) > > > > I just can't check legal status in 30 different countries myself, but > > I'm very interested (and somewhat concerned) about this. > > > > Thank you for your cooperation :) > > > > -- -- -- http://www.fastmail.fm - A no graphics, no pop-ups email service -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
