Street photography Illegal or not?
Street photography’s legality has been a very questionable thing for a while now. People’s concern about their privacy and freedom opposite to the photographer’s contemplation for capturing the photographic moment sometimes becomes an issue; what to capture what to not. In a naive sense yes, It’s legal; I haven’t come across any law that abide one from taking photo on street. Which is a public property.
While Street-Photography’s legality is questioned, it is more often the morality than the legality that actually is the matter of concern. As a photographer, one is allowed to take photo of whatever s/he wants as long the photographer is on a public property / public domain. Of course, there are some important structures, buildings that have tread mark, and one should take permission before taking or publishing a picture of that thing regardless of commercial or non-commercial use. When it comes to taking photos of people on a public domain; the confusion about legality comes in. As all the best street photographers has been doing this for a very long time it is quite normal to have people in the photo taken in a public domain. Everyone in a public space have the equal right but what’s not okay is to invade others’ personal space and privacy. Meaning, one is okay to take a photo of another person as long the person in the photo is okay with it. Simple.
To me, it’s important to draw an ethical boundary while taking photo. Yes, ethical boundaries are very personal and subjective largely depends on the context of the situation we are taking the photo of and the purpose we end up using the photo for. As a beginner photographer I think my boundaries are not taking a photo of people in vulnerable situation. A homeless person for example, I would not take any photo that makes them more vulnerable. My photos should not degrade anyone; not taking an unkind photograph rather an empathetic one. They should not leer or sexualize anyone with the photo without their consent. In general, if someone is not “Okay” with being photographed I would be okay with deleting the photo. But, if the photo is not focused on the person or they are not the subject and merely a small element on the photo, I would rather talk it out and my decide not to delete the photo depending on how I managed to make the photo. Because at the end of the day it depends on the intention of taking the photo.
