Photographers have to be aware of the ethical concerns that arise with taking photographs in public. (Kailie Stobbart, CMRU.CA)
Picture this: You’re downtown waiting at the train station, and someone is wearing the coolest pair of rollerblades. The lighting hits their hair perfectly, and their outfit possesses brilliant colours. It is a fantastic sight that you wish to capture. But one pressing question remains. Are you even allowed to take their picture? They’re in a public place, so it should be okay, right?
The law of photography
Technically, photographers have the right to photograph anyone whenever someone is in a public place. This is due to Canada’s Charter of Rights and Freedoms. All Canadians have the right to the freedom of expression, including photographing people in a public place.
But if you’re allowed to legally take photos of someone, should you?
The power of permission
I’ve never been blessed with a photographer approaching and asking me to take a photo of myself because I was aesthetically pleasing. If someone came to me and asked me if they could take my picture, I would be thrilled.
That’s the essence of public photography right there: asking people if you can take their photo. If someone asked me for permission, I would be willing to take more photos with them, and I would share their work with my friends. So yes, legally, you could take someone’s picture without asking, but a simple gesture of asking for their permission can go a long way.
What to do if they say no
Say the subject is in the perfect position right now, and you must take their photo immediately to maintain the essence of the image. You could take the person’s photo and then ask them afterwards if the photograph is okay. If they say no, you could offer to delete it. I know, it sucks, but it’s a nice thing to do.
Photographers face a tricky ethical line when capturing photos of people in public, but if you’re concerned about someone getting mad over their photo being taken, just don’t take it.
Ask yourself: is the photo worth the fight? It could just be me, but I’d rather make a good impression with someone than a bad one. If they get mad about their photo being taken, then I’ll avoid conflict and not take their photo.
Photographing big events
Photographing big public events remains on the legal grounds covered by the Charter.
You have all the rights to capture these environments without needing permission from anyone.
If someone notices you taking their photo and tells you they don’t want it shared, listen to them. You can easily take more photos of the event from different angles that don’t include them.
All in all, you can legally photograph people in public. But out of respect, you should still ask for their permission. It’s the kind, decent thing to do. Like myself, they may be flattered to even have someone want to take their photo and might even let you take more pictures of them.
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