Legality of recording by civilians
Encyclopedia
The laws regarding the recording of other persons and property by means of still photography
, videography
, and audio recording vary by location. In many places, it is common for the recording of public property, persons within the public domain, and of private property visible or audible from the public domain to be legal. But laws have been passed in many places restricting such activity in order to protect the privacy of others. To make matters even more complicated, in many places and in many situations, the laws governing still photography
may be vastly different that the laws governing any type of motion picture photography.
In the United States, anti-photography laws have been passed in many places following the September 11 attacks and the increased popularity of camera phone
s. It is important to do research on local laws and the policies governing the specific landmark or property on which one seeks to photograph; police
and peace officers intending to stop would-be photographers will often not make a distinction between what they can request the photographer do and what they can make the photographer do. Being able to correctly, respectfully, and appropriately assert one's rights in such situations is the absolute best defense against overly enthusiastic officers and officials.
Laws on private property differ. Owners of private property in most places must authorize recording on their own property.
, the filming of many high-profile locations that are feared to be targets of possible terrorist attacks is restricted. For example, signs posted around many bridges, including the Verrazano-Narrows Bridge
, state that filming the structure is prohibited.
In August 2004, an Annandale, Virginia
man was arrested and detained when his wife was observed by a police officer filming the Chesapeake Bay Bridge
as he drove across. He was held as a material witness
after he was found to have ties to Hamas
. He was later released on bail
without being charged.
ing" or "downblousing
." Such behaviors have become common since camera phones have become popular, thereby raising such concerns.
prohibiting the photography of citizens for public display have delayed the release of Google Street View
in some countries.
Photography
Photography is the art, science and practice of creating durable images by recording light or other electromagnetic radiation, either electronically by means of an image sensor or chemically by means of a light-sensitive material such as photographic film...
, videography
Videography
Videography refers to the process of capturing moving images on electronic media even streaming media). The term includes methods of video production and post-production...
, and audio recording vary by location. In many places, it is common for the recording of public property, persons within the public domain, and of private property visible or audible from the public domain to be legal. But laws have been passed in many places restricting such activity in order to protect the privacy of others. To make matters even more complicated, in many places and in many situations, the laws governing still photography
Photography
Photography is the art, science and practice of creating durable images by recording light or other electromagnetic radiation, either electronically by means of an image sensor or chemically by means of a light-sensitive material such as photographic film...
may be vastly different that the laws governing any type of motion picture photography.
In the United States, anti-photography laws have been passed in many places following the September 11 attacks and the increased popularity of camera phone
Camera phone
A camera phone is a mobile phone which is able to capture still photographs . Since early in the 21st century the majority of mobile phones in use are camera phones....
s. It is important to do research on local laws and the policies governing the specific landmark or property on which one seeks to photograph; police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
and peace officers intending to stop would-be photographers will often not make a distinction between what they can request the photographer do and what they can make the photographer do. Being able to correctly, respectfully, and appropriately assert one's rights in such situations is the absolute best defense against overly enthusiastic officers and officials.
Laws on private property differ. Owners of private property in most places must authorize recording on their own property.
Exceptions
High-profile locations
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the filming of many high-profile locations that are feared to be targets of possible terrorist attacks is restricted. For example, signs posted around many bridges, including the Verrazano-Narrows Bridge
Verrazano-Narrows Bridge
The Verrazano-Narrows Bridge is a double-decked suspension bridge that connects the boroughs of Staten Island and Brooklyn in New York City at the Narrows, the reach connecting the relatively protected upper bay with the larger lower bay....
, state that filming the structure is prohibited.
In August 2004, an Annandale, Virginia
Annandale, Virginia
Annandale is a census-designated place in Fairfax County, Virginia, United States. The population was 41,008 at the 2010 census, down from 54,994 in 2000 due to the splitting off of the western part of it to form Wakefield and Woodburn CDP's.-Geography:...
man was arrested and detained when his wife was observed by a police officer filming the Chesapeake Bay Bridge
Chesapeake Bay Bridge
The Chesapeake Bay Bridge is a major dual-span bridge in the U.S. state of Maryland. Spanning the Chesapeake Bay, it connects the state's rural Eastern Shore region with the more urban Western Shore. The original span opened in 1952 and, at the time, with a length of , it was the world's longest...
as he drove across. He was held as a material witness
Material witness
A material witness is a person with information alleged to be material concerning a criminal proceeding. The authority to detain material witnesses dates to the First Judiciary Act of 1789, but the Bail Reform Act of 1984 most recently amended the text of the statute, and it is now codified at...
after he was found to have ties to Hamas
Hamas
Hamas is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. Hamas also has a military wing, the Izz ad-Din al-Qassam Brigades...
. He was later released on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
without being charged.
Voyeurism
Many places have passed or considered legislation that prohibits voyeurism with camera phones and other similar devices, commonly referred to as "upskirtUpskirt
Upskirt refers to the practice of making unauthorized photographs under a female's skirt, capturing an image of her crotch area and underwear. The term "upskirt" can also refer to a video, illustration or photograph which incorporates the upskirt image. The term is also sometimes used to refer...
ing" or "downblousing
Downblouse
Downblouse refers to the practice of making unauthorized photographs down the top of a female's dress, capturing an image of her breasts.The practice is regarded as a form of sexual fetishism or voyeurism and is similar in nature to upskirting....
." Such behaviors have become common since camera phones have become popular, thereby raising such concerns.
Public display
Laws in EuropeEurope
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
prohibiting the photography of citizens for public display have delayed the release of Google Street View
Google Street View
Google Street View is a technology featured in Google Maps and Google Earth that provides panoramic views from various positions along many streets in the world...
in some countries.