Good morning everyone
Photography in Public Spaces
I was asked recently to provide some information regarding personal photography in public spaces particularly at a dance in a Community Centre.
In general, if you are taking photos or videos for your own personal use in a public space, it is usually permissible. This is on the basis that the photography is for your private use and not making those photos available in a public space. Whilst a Community Centre, shopping mall or transport hub are usually considered public spaces, there are may be rules that have imposed restricting photography. Councils control their buildings under the Local Government Act and they may impose restrictions, which must be displayed prominently.
When a dance, function or class is taking place in a public space such as a hall or other venue, that space becomes private and you may need to have the permission of the people present being photographed. It is recommended that one proceeds with caution. If anyone objects to being photographed it is best to cooperate to avoid conflict.
If you are videoing in a known location, you may be infringing a person’s privacy and unintentionally alerting a stalker to a place where that a person may frequent regularly. That knowledge could result in unintended consequences and could amount to an invasion of privacy. If you will be posting photos/videos on the internet, remember that once shared online, it can be copied and redistributed.
A person is generally restricted from taking videos and photos in places such as courts, military bases and school grounds. In summary in NSW, you are free to take photos in most public places for private use. However, be mindful of the restrictions that apply to protect a person’s privacy, safety or decency. When in doubt you should exercise commonsense and respect.
If you or someone you know, needs any assistance regarding legal matters, please do not hesitate in contacting me.
Wishing you a wonderful day,
Jeffrey Choy
JCL Legal
0419 233 670
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Liability limited by a scheme approved under Professional Standards Legislation
Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice.
