Law aspects of photojournalism!
Modern photojournalist should be literate and hold good in law to be unable fall between two stools. While making pictures you have to know and take under view all nuances that you are allow to make a photo and the publish it and keep within the law and do not crowd someone without his consent.
According to the Printed Media Act of Ukraine, Television and Broadcasting Act of Ukraine, Information Act of Ukraine the journalist have the right to log information with the usage of technical equipment - as usual it is making a picture.
As is known, you may film everything that is legal. This poses the question: what exactly is legal, and what is illegal in taking pictures?
Consent to exposure
Human should allow you to make photos with him. In line with Article 32 Constitution of Ukraine – if you make pictures without the consent with the human, you damage to the human rights, and when you take a picture, not following this information, you break the law and you are legally accountable. In the result, if you took a picture and someone is in picture – you have to ask his consent for further exposure.
While making photos in public place (at concerts, meetings, demonstrations, etc.) it allows you to make photos but you may be asked to stop the public performance when it does damage to the private life of people on the photos. In this case, this people have to reimburse for expenses and material losses, which your employer will have.
Keep in mind the fact that the public is considered to be the place where a person can be among people without the possibility of cloister oneself. To make a photo in secret, without notifying the person about the picture, it is possible only in certain cases specified by law.
But there not exist consent form in the law. You have to act instinctively: If you see smile as the reaction on that you are making photo it mean that you have the right for making pictures, but when you see boiling over people and with their hands to their eyes – making pictures in this case is fully illegal.
Assume that editorial staff gives you the task to film court examination. But accused is totally against filming him. What you have to do? In such cases you have to make a picture of yourself with him (if you are not scared!), or make a picture with other people – such photographing cannot be prohibited.
You have to remember that the fact when you break human rights it may be confirmed only by court!
Permission to publish
Permission to publish is subject to Ukraine Civil Code Article 308. In accordance with this article, photos with people may be published on with her consent. In the case of his or her death – with the consent of her legal successors. If they want withdraw consent of deceased person, they have to compensate owner for a loss.
If model was posing for money, the photos are published without her consent. After model`s death her legal successors may claim dismissal of publication, but they also have to compensate owner for a loss.
If it becomes necessary to advocate rights of a person who is on photo, or advocate others, these pictures may be published without their consent.
Advices for photographing on the street and in public places
It is desirable to have permission for photographing. You may ask someone to give you a smile or give a wink. While court examination such photos may be interpreted to your credit (human won`t be totally against photographing when smiling to the photographer!)
Make your photos openly. If someone doesn't like that you are photographing, it is better erase the pictures and do not heighten this situation.
Permission for photographing of children should be taken from their parents or guardians.
You do not have to worry about photographing in private places, such as in stores. Clamp down this may only its owner, but not rent-a-cop. You have to demand the owner`s visit for showing you the rules in accordance with which the photographing in shop is not allowed. Also, you have to make sure that these rules are confirmed exactly by owner. Otherwise, complaints against you are misplaced.
More than, in case that store has cameras and there exists a warning which mean CCTV monitoring, so both you and owner are able to photographing. That is why the photographing is not clamped down according to the Ukraine Civil Code Article 307.
But if our local law has only general constraints, abroad has its own nuances, even in each country.
According to this, in England you are not allowed to photographing in metro or photographing with the usage of trepied. You should pay for the admission for such photographing. In no case make a picture of photographer. You are not allowed to make a picture of policeman.
And in France, conversely, you may make photos of gendarmes freely.
In Hungary you are not allowed to make photos of people without their consent. Even accidentally caught in the frame, this makes the exposure very difficult, especially photographing of historical sights of the cities.
In Holland prohibited photographing on Red-light district, “busy bee” of which achieved pass a legislation in accordance with which it breaks their dignity and interfere with operations.
In Germany for children photographing to 7 years you should have parental permission. In the age from 7 to 18 children may give the permission personally in case that his mental growth is in accordance with his age.
This list may be endlessly prolonged. It is important to know before the photographing abroad you have to familiarize oneself with local law. This is used to avoid the offence against the law and avoid humiliation of dignity. But don`t forget about this at your native land also.
Have nice pictures!