Legal Considerations to Protect Individuals

Privacy and Permissions

Rights in public places

Members of the public generally have limited legal protection against being photographed in a public place. A photographer on a public street can legally capture images of people without obtaining their permission first. However, this does not mean anything goes — the purpose of those images matters greatly.

Permissions on private property

Private property is a different matter entirely. If a media producer wants to film or photograph on private land — a shopping centre, a theme park, or a business premises — they must first obtain permission from the landowner. Without this, they risk trespassing. The landowner can also set conditions on how the property is used and photographed, and may hold rights over how images of that property are used commercially.

Publishing and commercial use

Even where an image is taken legally, using it for commercial or advertising purposes requires the active consent of the individuals featured. For example, a photograph taken at a public event might be acceptable for a news article, but using that same image in an advertisement requires the subject's explicit permission. Some uses — such as news reporting or education — fall under freedom of expression, giving producers more latitude, but this does not extend to commercial exploitation.

Media producers should obtain a model release form signed by the subject, which documents exactly what the image will be used for and confirms that consent has been given.

Harassment and invasion of privacy

Even in public spaces, repeatedly targeting someone with a camera, following them, or deliberately capturing them in private moments can constitute harassment or an invasion of privacy. Individuals have a reasonable expectation of privacy in certain situations — changing rooms, medical settings, and their own homes, for instance — regardless of whether a photographer could technically access those images. Media producers must ensure their conduct does not cross into harassment.