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Freedom to take Pictures

category dublin | rights, freedoms and repression | opinion/analysis author Thursday August 13, 2009 11:56author by Photographer Report this post to the editors

The rights of photographers.

In Ireland, any photographer (professional, amateur, self-styled photojournalist, political activist, employee of a multinational, Garda, ...) has the right to take photographs in a public place without the permission of the subject. A subject has no right to stop a photographer or demand to know their identity.

If for no other reason than it leads to better images, most photographers will engage with their subjects, identity themselves and explain what they are doing. However, if a photographer does not want to identify themselves they have the right not to do so unless questioned by a Garda.

Some groups protesting on the street of Dublin take an aggressive attitude to photographers and seem to believe that they have the right to stop photographers taking pictures or the right to control who can take pictures of them. Given that most protests are about gaining publicity, this is odd.

I believe that this attitude needs to be challenged.

Most people who use this site support the right of protesters to take photographs of Garda, security personnel, etc.. Most users of this site would support protests against repressive regimes stopping citizens taking photographs in other countries. Most users of this site ...

So why do some people feel that is acceptable to try to impose their own restrictions on photographers in Ireland?

author by duhpublication date Thu Aug 13, 2009 12:11author address author phone Report this post to the editors

Because some of us who are protesting are doing so without the knowledge of our employers.

author by Seanpublication date Thu Aug 13, 2009 13:40author address author phone Report this post to the editors

It is one thing taking a general crowd scene, quite another to take a close up of an individual. People have the right to refuse to have their photo taken.

author by Mark Cpublication date Thu Aug 13, 2009 16:05author address author phone Report this post to the editors

Some people DO have a right not to be photographed/published. Or at the very least, not to have their photograph taken and publicly displayed with questions such as: "Do you know this man?" "Why is he acting strange?" "Is he Special Branch?" etc.

As an illustration, when I was growing up, there was a psychiatric hospital nearby. Often, as you can imagine, people around it would be acting strange (they were "mad"). Now, would it be fair for me to take their photographs and put them on Indymedia and ask people are they Special Branch or questions to that effect, just because they were acting strange?

Also, some people need to do their work anonymously - for example, if they are civil servants they may not want their bosses to know that they are demonstrating against the government. You, the author, for example, are doing the same here by calling yourself "Photographer" rather than the name you usually post under!

Related Link: http://www.kingofthetravellers.com
author by Photographerpublication date Thu Aug 13, 2009 16:37author address author phone Report this post to the editors

I agree. People DO have the right NOT to have their image published in a way that is misleading or untruthful. I started this thread because images of a photographer were posted with questions like "Do you know this man?" and "Why is he acting strange?"

However, there is NO right NOT to have your photograph taken when in public place. If such a right existed, I think you would find that many notable people would exercise that right.

I also agree with you that it would be UNFAIR to take images of "mad" people and post them on Indymedia, but that does not make it illegal.

author by modelpublication date Thu Aug 13, 2009 17:15author address author phone Report this post to the editors

Everyone has a right to go about their business without being intimidated or harrassed. If a photogrpaher has any sense he should want to work with his subjects, in an atmosphere of respect.

While it may be legal to do something, it is not always wise or reasonable to do it.

Lack of respect can be a weapon.

Notably, the police employ cameras as a tool of intimidation and control - see : http://www.fitwatch.blogspot.com

People should not be stopped from going to demonstrations or protests by the police taking pictures of them.

Similarly they should not be discouraged from activisism by selfish photographers insisting on posting images on the internet. Serious thought should be given to this by indymedia, as the use of captions, juxtapositions, photoshopped images, and just thoughtless use of pictures can destroy campaigns.

 
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