Street Photography and the Law
Street photography is a highly popular genre of photography, and it's easy to see why. It revolves around capturing the essence of everyday life in its various forms, encompassing everything from street portraits to candid moments that unfold naturally. What sets street photography apart from many other genres is its accessibility, as it demands minimal equipment. Simply a camera, and a keen eye for observation.
During the street photography sessions I organise on a regular basis, one of the foremost concerns people often express is understanding the legal aspects of this art form. Being familiar and understanding the law is useful in navigating the boundaries and the potential challenges that you may face while engaging in street photography.
Is Street Photography in the UK legal?
In short, the answer is yes, street photography involves capturing photos in public spaces without explicit permission from the people in the images. However, there are certain places and situations where the boundaries may appear less clear, which can initially make people feel uneasy when starting out in street photography. The essence of street photography lies in capturing moments in public spaces like streets, parks, and other areas accessible to the public, without obtaining explicit permission from the individuals depicted in the photographs.
Laws can change overtime and it is essential that you stay updated on the latest legal developments to ensure you do not accidently slip onto the wrong side of the law while immersing yourself in your art.
Understanding Bylaws
It is crucial to be aware of the various bylaws when it comes to specific events and private property. They may impose additional restrictions or requirements with photography in certain spaces and situations. People often overlook the fact that there are places like shopping centres, museums, art galleries, public attractions and churches which are privately owned. If you wish to take photos in these locations it is essential to seek permission from the landowner or the duty manager beforehand. However, it's worth mentioning that I have personally never encountered any issues with privately owned locations within Newcastle, such as the Granger Market and Central Arcade, which provide fantastic settings, especially on soggy days. In the case of Eldon Square, permission must be obtained, usually resulting in the issuance of a media pass for the day. Unauthorised photography in these areas may be considered trespassing, a civil matter that could lead to being asked to leave the premises.
During the summer, public spaces often host events like outdoor cinemas and festivals. While the space itself may be public, these events are typically treated as private events. Consequently, similar laws that apply to photography on private land may also be applicable in these circumstances. It's advisable to familiarise yourself with the specific rules and regulations of each event to avoid any potential legal complications.
Protection from Harassment Act of 1997
One law to take into consideration when engaging in street photography is the Protection from Harassment Act of 1997. It was created to address and prevent harassment and stalking behaviours. It protects individuals from unwanted behaviours which cause fear and distress. In short, it is generally advised that you don’t just walk up to a random person on the street and stick a camera directly in their face or follow them down a dark street. Show respect for personal space and boundaries. If you’re like me and like to capture close up candid photos, invest in a good telephoto lens so that you are not invading their personal space.
Terrorism Act of 2000
The Terrorism Act 2000 is legislation that was created to strengthen the legal framework for combating terrorism and protecting national security. This makes taking photos of or within government buildings or Ministry Of Defence (Army, RAF, Navy) land problematic. It is a criminal offence to trespass in these places. Even if you are on public land and shooting through a fence onto a MOD base could get you in a lot of trouble. It is important if you wish to take photos in these locations that you ask permission from whoever is in command. Growing up as a scaley (RAF) brat in the 90s, I can recount firsthand experience of the stringent security measures in place. It was common practice for even the wives to sign secrecy documents as a precautionary measure, emphasising the significance of protecting sensitive defence information. As children, we were always aware of the importance of base security, which was reinforced when we received our first base passes at the age of 10.
Police in Street Photography
Following the enactment of the Terrorism Act of 2000, there was a period during which some members of the police force were not fully familiar with the very specific provisions of the newly implemented legislation. Consequently, there were instances where innocent street photographers were mistakenly arrested and had their equipment seized under Section 43, which granted the police the authority to stop individuals suspected of involvement in terrorism. Although this isn’t as much of a problem now, it left a sting as innocent artists found themselves detained merely for pursuing their passion.
It is important to be aware that members of the police force are human, just like us, and can make innocent mistakes while trying to enforce the law. It is important to have a good understanding of the law and respond respectfully, even if their behaviour may not initially exhibit the same level of respect towards you.
Police can stop and search you if they have reason to suspect you of being a terrorist under Section 43 of the Terrorism Act of 2000.
Police can view the images on your camera if you are being searched under Section 43 of the Terrorism Act of 2000.
Police can seize and retain your camera if the officer has reason to suspect that your camera may contain evidence that you are a terrorist.
Police can question you if you appear to be taking photos of a member of the police, military, or intelligence services.
Police can arrest you for taking photos of the police, military or intelligence services under Section 58A of the Terrorism Act of 2000 if they have a reasonable suspicion that you are collecting information that will be used to provide assistance to someone committing or planning an act of terrorism.
Police cannot stop and search you under Section 44 of the Terrorism Act of 2000 as this doesn’t require any suspicion of an offence being committed.
Police cannot stop you from taking photos in a public location, however they could charge you with obstruction or a public order offence such as breach of the peace. Generally if they ask you to move on, just do it. Don’t get in an augment with them. It’s just not worth it.
Police cannot delete or ask you to delete digital images at any point during a search under section 43 of the Terrorism Act of 2000 and would need to obtain a court order to be able to do so. However, if they ask you to delete something, just do it. Again it’s not worth getting into an argument about it.
Police cannot arrest you for photographing police involved in their normal duties and incidents unless they do have suspicions that the photos will be used for assisting terrorist activities.
It's important to remember that despite the seemingly intimidating nature of police powers, they are not as scary as they may appear. In my extensive experience with street photography, I have found that encounters with members of the public who believe they have a firm grasp of the law and attempt to dictate what I can or cannot do are more common than interactions with the police. In general, police officers are kind-hearted individuals who may simply be curious about the subjects of your photographs. If you happen to capture a flattering image of them, they might even express interest in obtaining a discreet copy. There is no need to fear them, so feel free to engage with them openly while out on the streets
Selling Street Photography
Street photography tends to be a difficult genre to make money from. If there is someone in your photo who is recognizable and is a prominent feature in the photo, most stock photography agencies will ask you to obtain a model release so that they can avoid any potential legal issues. If you wish to be able to sell any of your street portraits, it is important to ask for contact information from your subject so you are able to ask them to complete a model release contract at a later date.
Where is street Photography Illegal?
The laws around street photography tend to be the same across the western world, however when you are travelling it is important to know and have a clear understanding of the law in each of the countries you travel within.
Countries which are very conservative by nature (Orthodox Jewish and Christians, Muslum) if you take photos of women and children without first asking permission you will encounter issues.
Countries that have a strong military or police presence on the street, often have laws about taking photos of the security services and government buildings which could get you arrested. “I didn’t know”, would not be taken as a good defence.
Here are some popular tourist locations to take note of:
France
Although you can do street photography for personal use, you cannot publish any images of members of the public without their permission under their privacy laws. You would have to obtain a model release to publish them. You can however take and publish photos in a journalistic way if it contributes to the exchange of ideas and opinions deemed indispensable to a democratic society. If you want to go out in France doing street photography, I would recommend meeting a local photographer who can help you navigate the various privacy laws.
Red Light District, Amsterdam
Although photography is perfectly fine within most of Amsterdam, it is strictly prohibited within the Red Light District to protect the identities of the girls and customers. If you get your camera out here, you will likely find it being confiscated from you.
United Arab Emirates
Ancient cultural beliefs and superstitions have given rise to a common belief that persists even in the modern age. According to this belief, an image has the remarkable power to capture the very essence and soul of the person depicted in the picture. So if you start taking photos out on the streets, you may find yourself being confronted by a very angry Arab accusing you of trying to capture his wife’s soul. There are also very strict laws around government buildings, bridges and building of impostrance which if photographed could land you a lengthy prison sentence.
South Korea
Although street photography is not exactly prohibited, they do have “Personability Rights” which could be infringed the moment you start shooting, even if they’re in the background of the picture. If the photo is being published or used for profit in advertising, if someone feels their personability rights have been infringed upon they can sue for damages under Articles 750 and 751 of the Civil Act. Another source says that you could find yourself imprisoned for up to 5 years, so as a rule, it’s best to play it safe while travelling in South Korea
Mumbai, India
Due to the alarming number of deaths linked to selfie taking within some popular tourist areas, photography has been banned within around 16 locations within the City as a preventative measure and is enforced by police who patrol the areas.
Is Street Photography Ethical?
As long as your motives are well intentioned, you shouldn't have much trouble with street photography most of the time. The example I often give while teaching a session in Newcastle, is if Britney Spears came running though Old Eldon Square completely naked, although it is completely legal to take a photo, it may not be entirely ethical. It's one of those situations where you would be better to help her than take her photo.
Many individuals find themselves grappling with the ethical dilemma of non-consensual street photography. However, there is a wonderful alternative that I refer to as street portraits, which allows us to continue enjoying the art of street photography while aligning with our personal ethics. Street portraits can be seen as a form of ethical street photography. While the approach can still be candid, it involves capturing the subject's image with their knowledge and consent.
Recently, I had a remarkable encounter with a beautiful woman who was feeding pigeons in Old Eldon Square. The birds had grown so accustomed to her presence through weeks of feeding that they would perch on her arms, feeding directly from her hands. This was a moment I simply couldn't resist capturing—it was a must-have photo. In a respectful manner, I lifted my camera as a non-verbal gesture, seeking her permission to take photographs. After she nodded in agreement, I happily snapped away, capturing the magical images. Thanks to the Bluetooth technology in my camera, I was even able to share the photos with her immediately, fostering a connection and sharing the beauty of the moment.
Street portraits provide a way to engage with subjects in a respectful and consensual manner, ensuring that both the photographer and the subject are comfortable and empowered in the process. It allows for the preservation of captivating moments while maintaining a sense of ethical responsibility.
Opinions on the subject of photographing homeless people often vary among individuals. In my personal experience, capturing images of homeless individuals has always begun with a genuine and friendly interaction. It's crucial to acknowledge that you are photographing individuals during one of the most vulnerable periods of their lives. Many of the people I have encountered on the streets have been remarkable individuals who have overcome tremendous obstacles. Prior to asking for permission to photograph them, I always engage in conversation, seeking to understand their story and experiences. In many instances, I express my gratitude by offering to buy them a meal from a local supermarket or Greg's, or by assisting them in securing a bed for the night at a nearby hostel. By approaching the situation with empathy and respect, I aim to not only capture their image but also extend a helping hand when possible.
There will be numerous instances where it is ethically inappropriate to take a photograph of someone who is homeless. Recently, I encountered a man on the streets who was clearly in need of assistance. He was visibly intoxicated and in a vulnerable state, making it entirely inappropriate to ask for his permission to take a photograph. In this situation, I prioritised his well-being and provided the help I could offer, ensuring he received the assistance he needed. Respecting the dignity and privacy of individuals in such circumstances is crucial, and there are times when capturing a photograph is simply not the appropriate course of action.
The most important thing to remember with street photography is simply to be respectful and to treat members of the public with the same respect that you would expect to be treated with yourself. Respect their boundaries and don’t take advantage of someone in a vulnerable situation.
What Is Good Street Photography Etiquette and Safety?
There are not really any hard rules when it comes to street photography, however there are some etiquette and safety points that most street photographers try to adhere to. It’s all about respecting the rights and privacy of the subjects of our photos and about keeping ourselves and our equipment safe. These are some key points to keep in mind while you’re hitting the streets.
Privacy
When capturing candid moments, it is crucial to respect the privacy of your subjects. Amongst these subjects, children are often seen as a boundary that requires careful consideration. While the laws pertaining to photography apply equally to children as they do to adults, it is essential to recognize that children are naturally more vulnerable. Without engaging with them and their responsible adult, we may not fully understand their story or circumstances.
As a general guideline, I personally feel comfortable taking candid photos of children while I am out on the streets. However, I adhere to a strict policy of not publishing these photos without explicit permission from the adult responsible for the child at the time. If I happen to capture a photo of a child for which I do not have immediate publishing consent, I choose to hold onto the image for approximately 10 years. Only after this significant period of time has passed will I consider publishing it.
This approach ensures that I respect the rights and privacy of children, as well as maintain a responsible and ethical approach to sharing images. It allows for the possibility of obtaining informed consent from the relevant adults or waiting for when the child has grown older, providing an added layer of protection and respect for their well-being.
Discretion
Discretion is the key to capturing some truly beautiful and authentic moments. The goal is to seamlessly blend into the environment and avoid drawing unnecessary attention to yourself. To achieve this, opt for unobtrusive equipment that doesn't stand out. Consider using a mirrorless camera setup if this is going to be your main genre of photography, as the slim camera bodies and compact zoom lenses resemble compact cameras tourists walk around with and are less likely to attract notice compared to larger DSLR setups.
In recent years, many of my favourite street photography shots have been captured simply using the camera on my mobile phone. These pocket-sized wonders have evolved into incredibly powerful tools, acting as the ultimate stealth camera. The flagship mobile phones tend to have the best hardware and software. They are particularly advantageous when shooting in confined spaces like metros, trains, or buses, allowing you to capture candid shots without raising any eyebrows.
Cultural Sensitivities
Our towns and cities serve as vibrant melting pots of diverse cultures from around the world. It's truly remarkable to witness this cultural tapestry. When exploring these communities, it's essential to be mindful of the customs and traditions of the people from different cultural backgrounds.
For instance, in areas where there is a significant population of Muslims, it's important to respect their modesty, especially when photographing women and children. They may not be comfortable with being included in your street photography. If you happen to capture an image of a Muslim lady wearing a tight-fitting hijab in a central part of town, ensure that her hair is not visible and her modesty is protected.
In Gateshead, we are fortunate to have one of the largest communities of Orthodox Jews outside of Jerusalem. It may be tempting to explore Bensham, but it is crucial to remember that this community values their privacy. It is advisable to seek permission, especially when photographing women and children. However, if you're eager to engage with the Jewish community and capture some of their remarkable customs, consider visiting during the festival of Purim. During this occasion, barriers are often lowered, and celebrations come out into the streets. Remember to approach with respect, always ask for permission, and understand that a decline should not be taken personally.
By respecting the customs and boundaries of different cultural groups, we can foster positive interactions and capture meaningful photographs that honour the diversity and richness of our communities.
Context
When deciding which photos to share on social media or in blog posts, it is crucial to consider the context of the images and ensure they cannot be misinterpreted or deemed offensive by different individuals or communities. While you may find it amusing to capture moments like a woman's skirt being blown up by the wind, revealing more than intended, it is important to recognize that she would not appreciate such an image being shared for all to see. Similarly, photographing a curvy woman next to a fast-food restaurant or sports shop can be unintentionally insensitive or judgmental. In all instances, it is essential to prioritise kindness and respect when documenting and sharing street photography.
Prioritise Safety
Ensuring your safety and the security of your equipment should be a top priority when venturing into the streets. Stay vigilant and take all the necessary precautions to avoid compromising your well-being or engaging in risky behaviour.
If you find yourself alone, it is advisable to stick to well-travelled main streets where there are larger numbers of people. Avoid venturing into unfamiliar backstreets or isolated areas by yourself. Remember, there is safety in numbers, so try to go out with a companion whenever possible. Additionally, consider reaching out to local camera clubs or see if there are meet-ups in new towns and cities for a sense of community and added security.
Keep your gear to a minimum. Carry only two to three lenses at most, including a reliable zoom lens and a versatile prime lens. If you're up for a challenge, try using just a single prime lens attached to your camera. Remember, being discreet isn’t just about not drawing attention to yourself, it also helps ensure your safety.
Most importantly, trust your instincts. If you feel uneasy or sense a potential threat, prioritise your safety by concealing your gear and swiftly leaving the area. Remember, no photograph is worth jeopardising your personal well-being.
Street Photography Classes and Meet-Ups
Given the popularity of street photography as a genre, you'll find numerous classes and meet-ups taking place across the UK. These gatherings are hosted by photographers with diverse styles and experiences. In my case, I organise three to four meet-ups annually in Newcastle, and with the expansion of the train network to Blyth in 2024, I plan to explore more locations in the North East.
Participating in meet-ups and classes offers several benefits. It allows you to connect with like-minded individuals who share your passion, discover hidden gems within towns and cities, and build confidence in your photography skills. When you join one of my sessions, you can rest assured that you'll have support and encouragement from the group. While I may not have all the answers, I am committed to assisting you in finding the information you need. The help and support extends beyond the session and continues long after the end of the session.
To stay updated on the upcoming street photography sessions, please visit the workshop page on my website. There, you'll find details about all the workshops I'm hosting in the North East of England.
