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 :)
--
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