Many people prefer to purchase high-quality photo equipment used for photographing various attractions, relatives and even strangers. Often, such actions cause a negative reaction from other citizens. Therefore, each photographer should understand whether a person can be photographed without his consent. It also takes into account which places are not allowed to be photographed at all, where the photo is allowed to be used and what are the consequences of violating the law.
Fundamental rules
The legislation of the Russian Federation contains Art. 152.1 of the Civil Code, which refers to the protection of photographs of a citizen. It indicates all the rules related to the creation of photos. A law prohibiting photographing people without their consent indicates that you must first obtain the permission of a model to create a photo. Although some points in this legislative act are considered not too clear.
The law on shooting people without their consent indicates that it is not allowed to publish these photos or use them for any purpose without the permission of the people captured in the image. If the model dies, then consent must be obtained from its heirs, represented by parents, spouses or children. In this case, is it allowed to photograph a person without his consent? It is allowed to take a photo, but you can’t use it for distribution or other purposes.
When is the law broken?
The law prohibiting photographing people without their consent will be violated in situations:
- The photographer will publish the images, so unauthorized persons get access to them in unlimited quantities. By decision of the Supreme Court No. 25, the disclosure is represented by actions that involve providing access to the photo by publishing it in various public sources, for example, in the media or on the Internet.
- Use of the photo for other purposes. For example, they can be reproduced or sold, displayed at public events or recycled. Even importing or reproducing originals is all actions that require consent from the people in the image.
In all of the above situations, permission from the model is required. Many citizens are convinced that it is impossible to photograph people without their consent. Article 152.1 of the Civil Code indicates only that it is not permitted to use these images only.
In what situations can images be used without consent?
Shooting a person without his consent is a permitted activity in most cases. However, there are even some cases where you can use the resulting images. These exceptions are presented in three varieties.
All these situations are prescribed in Art. 152.1 Civil Code.
Photos are used in the interests of the state or society.
When answering the question whether a person can be photographed without his consent, one can confidently respond positively. At the same time, use these images carefully. If the photo shows a public person represented by the President, a famous politician or singer, then you can distribute such photos without fear that the photographer will be held liable. To do this, you do not need to obtain the consent of a public person.
This is due to the fact that such citizens are significant figures for society and history as a whole, therefore they should be tolerant of the interest in their person on the part of other citizens.Therefore, their photos can be published in various sources.
Additionally, photographing people without consent is allowed if this is done in the public interest, for example:
- the need for citizens to detect or disclose the threat posed by democracy;
- prevention of danger to the public or the environment;
- disclosure of various crimes.
It is necessary to correctly distinguish between images that may be useful to society, with those that do not carry any important information to the state and citizens.
Why can’t you take pictures of people without their consent? This is due to the fact that the privacy of people is being violated. Even in relation to public figures, it is allowed to make their images in the process of their work, but personal life should remain untouched. Persons who are not engaged in public activities should not be specially captured on the photo for subsequent use of the image for profit or distribution for other purposes.
Photos taken as a result of shooting public places
Images of various events and attractions are usually taken, which leads to the fact that other people are accidentally captured in these photos. In this case, their rights are not violated. Without caution, you can take pictures of places:
- open to visitors;
- various public events represented by concerts or competitions, congresses or exhibitions.
Such images can be used for any purpose, and even for distribution. But at the same time, it is not allowed for an outsider to be completely placed on the whole photo. An exception is the situation when a photograph was taken intentionally, and a specific person was purposefully captured, which can be quite easily understood from the photo.
If mass photographs are taken, it is advisable to obtain the consent of at least one person. If he permits using this image for any purpose, then taking permission from others is not required. The exception will be the situation when the picture contains data on the personal life of citizens.
Man specially posed for a certain reward
In such a situation, a person acts as a model, therefore, independently agrees to create an image and receive payment for it. To prevent future disagreements, it is recommended to take a receipt from him, where the information is indicated:
- F.I.O. models;
- the amount that was paid to the person for posing;
- the date the photograph was taken and funds paid;
- venue of the photo shoot;
- F. I. O. and other information about the photographer;
- model signature.
It is with the help of such a receipt that the photographer can protect himself in the future from various claims or even legal proceedings.
If the photos themselves are the payment for the model, then this relationship is also not free, so again a receipt is made that the model received a fee, presented in kind.
If the model is presented by a minor citizen, then the receipt is drawn up by his official guardians.
Man posted his photos on the Internet
In such a situation, he independently makes his images publicly available. Even in this case, unauthorized persons do not have the right to use these photographs for their own purposes without obtaining the consent of the owner.
An exception will be the situation if the photos are posted on the sites, the rules of which indicate that all the posted files can be used by the administration or other users for any purpose.
In what form is permission given?
Shooting a person without his consent is prohibited for the purpose of distributing images, if it does not fall under the exception. In this case, often the photographer needs to take a photo of a particular citizen. In this case, you will have to take his consent to this process.It may be presented orally or in writing.
Consent is represented by a certain transaction, and it is perfect if both participants behave in such a way that their expression of will is clearly visible. An example would be a situation where a person gives an interview on camera. In this case, he verbally agrees to participate in the shooting, so he will not be able to create obstacles in the future for using this video.
It is forbidden to take pictures of people without their consent for the further distribution of the photo, so many people take advantage of this situation. They can verbally allow them to take their photos, but then they file a lawsuit in court to recover a fine from the photographer or to achieve other goals. Therefore, it is desirable to form such consent in writing, as such a document will act as a means of protection for the photographer.
When drafting such a document, it is allowed to include various conditions in it, for example, it is indicated how the images will be used, how they will be made public, and often even a period of time is set during which the photo can be used.
Shooting in public places
Is it possible to photograph a person without his consent if the photos are taken in various restaurants, hotels or other similar institutions? If the main goal is to fix the situation or different objects, and people just accidentally fall into the frame, then this is a legitimate activity on the part of the photographer.
Owners of different public institutions can set different rules that all visitors must follow, but they do not have the right to prohibit filming, since such prohibitions are contrary to law.
Create a photo on the street
You can photograph a person without his consent, if he accidentally falls into a frame on the street during the shooting process. At the same time, the citizen himself should not be the central figure in the image, since otherwise he can prove that he was the main goal of the photographer.
If a person stands with his back or side on the image, and also does not perform any personal actions, he will not be able to make a complaint to the photographer.
Shooting objects of strategic importance
Such structures include military facilities, the location of which should be secret for citizens of other countries. Their destruction or capture can affect the course of various military operations, therefore it is forbidden to distribute photographs on which these structures are captured. These include:
- airfields or aviation bases;
- naval bases;
- warehouses intended for the storage of nuclear weapons;
- seaports
- Political objects with significant size and significant significance;
- large industrial centers;
- nodes of the power supply system.
People should not be photographed against the background of these objects, since this process is prohibited by law enforcement agencies.
Where can not be removed?
It is not allowed to take pictures of people in different institutions, which include:
- The State Duma, and each person who visits this organization should not bring any equipment with which you can take photos or videos;
- courts or correctional facilities;
- objects belonging to the customs service;
- on the territory or in buildings belonging to the Gosstroy, Ministry of Fuel and Energy or Rostransnadzor;
- near the border of the country, since shooting requires permission from the head of the border department of the FSB.
For violation of these rules, the owner of the equipment can be brought not only to administrative, but even to criminal liability, since the distribution of the pictures taken by him can cause significant damage to the state or society.
Penalties for Violations
Is it legal to photograph a person without his consent? This process is unlawful by the photographer if the shooting is not in a public place and it is planned to distribute the pictures in the future. The purposeful creation of a photo of a specific person, which will be further used on the Internet or in the media, is a violation of the law, therefore different measures of responsibility can be applied to such a photographer.
If he does not use the obtained images for any purpose, then it will be impossible to make any claims against him. If they are used for distribution, sale or other purposes, then the person captured in the picture can go to court. In the statement of claim, he indicates that his life or health, as well as personal property, was deliberately harmed.
A photographer for such violations can be brought not only to administrative, but even to criminal liability, as it violates the privacy of another citizen.
To bring to justice, various legislative acts are used:
- Art. 137 of the Criminal Code. It describes the possibilities for violating a person’s privacy. Therefore, if information about a person’s private life without his consent is illegally collected or used for any purpose, this leads to a fine of 200 to 500 minimum wages. Such punishment can be replaced by a citizen's income received within two or five months. Compulsory work for a period of 120 to 180 hours is often appointed. Additionally, correctional labor for up to 1 year can be applied. If there is evidence of a significant violation of human rights, an arrest of up to 4 months may be imposed. At the same time, the court will have to prove to the plaintiff that the photographer really revealed his personal or family secret, distributed the images without his consent, showed them publicly or only to a limited circle of interested parties, and also used them for personal gain for certain benefits.
- Art. 151 Civil Code. It indicates the possibility of recovering compensation from the photographer for non-pecuniary damage if the distribution of the photo and shooting without the consent of the person is proved. The law of the Russian Federation takes into account that it is important to prove not only the availability of photos, but also their use for personal gain. The distribution of images can cause moral harm to citizens, so they suffer moral suffering. In this case, such damage is compensated in cash. When calculating this compensation, the degree of harm caused, the fault of the offender and other important circumstances is taken into account. The degree of human suffering is considered, for which his individual characteristics are studied.
- Art. 11.17 Administrative Code. She describes a violation of the rules of behavior of people on different modes of transport. If people take pictures on board air or water transport, as well as in a train, then this is a punishable action for which a fine of 100 rubles is imposed. Additionally, officials will confiscate the photographs taken.
Thus, having figured out whether it is possible to photograph a person without his consent or not, each photographer will responsibly approach the creation of different pictures. The need to obtain consent is taken into account if a citizen becomes the central figure in the picture. Images are allowed, but using them for any purpose is prohibited. If the photos will be stored in the family archive, then their owner will not be able to be held liable. If they are distributed in the media or on the Internet, this can become the basis for bringing a citizen even to criminal liability.