Surely every person found himself in a situation where he was forbidden in the store to record video. Most citizens, at the sight of the stern face of a guard, turn off their smartphone, fearing that force will be used against them. But are such prohibitions legitimate from the point of view of legislation and is there any punishment for filming? In order not to get into an unpleasant situation, as well as to prevent violation of their legal rights, everyone should know about whether it is possible or not to take pictures in stores.
Arguments of sellers and shop guards
Many employees of small shops and trade pavilions at the sight of the camera begin to get nervous and ask a lot of questions, but they do not make any attempts to stop shooting. But in the case of large retail chains, things are completely different. Sellers, administrators and security guards behave very aggressively towards people on whose phones the camera is turned on. When asked if it is possible to shoot on camera in stores, you will hear a categorical "no."
The main arguments supporting this are:
- "This is private property." This argument is one of the most common. It is laid in the heads of store employees and acts with all customers who are not versed in the law.
- Violation of the law on trade secrets. Such a statement can not be heard very often, but some companies still resort to it.
- Filming violates the rights of other customers and store employees. This argument is one of the most logical, since it can be regarded as an interference with privacy, but is it really so?
You can hear many other reasons why you allegedly have no right to shoot in the store. Some companies even stick a sign on the front door. But is there any legal legitimacy in such restrictions and is it possible to film the store employees in reality?
Is the store privately owned?
No matter how strange it may sound, but any retail space really belongs to the category of private property. But is it possible or impossible to shoot cameras in stores by law? The answer is yes! Whatever arguments the guards or the administration of the store give you, no one has the right to forbid you to use a camera or a video camera. However, you won’t be able to get further than the territory of the commercial premises, for example, into the restroom or utility room, as they may contain communications belonging to the lessor. As for the trading floor, it is a public place.
What does the law say?
So, is it possible to shoot on camera in stores? The Law on Administrative Offenses (Article 14, clause 8) stipulates that each buyer can receive information about the products sold in any way that is convenient for him if the law is not violated.
In this case, photo or video can be used to:
- remembering the model, characteristics or value of the goods;
- fixing illegal actions on the part of company employees;
- price comparisons.
Thus, by photographing or recording video on a shop window or sellers, you do not violate any laws, nor do you damage the company.
What if threatened by police?
Can I shoot on camera in stores? Law and rights are the same for all citizens, therefore, not only consumers, but also representatives of commercial companies must abide by them. However, many people are faced with a situation where they are threatened by the police if they do not turn off their mobile phones. In this case, you need to behave very calmly and do not have to be rude to the seller at all. If they want, then let them call. In most cases, store employees themselves know that such statements are not supported by anything, so everything ends with them.
Use of force
If you were asked “no” when asked whether it is possible to shoot cameras in stores, but after refusing to turn off the camera, they started to use force, then in this case you should call the police, since this is a strict violation of the law. Attempts to take a mobile phone from you fall under article 161 of the Criminal Code of the Russian Federation, and the actions of store employees are regarded as robbery, and this is not a joke.
If you are prevented from filming or are not allowed to go, then this is considered an excess of official duties by company employees, and this is already article 203 of the Criminal Code of the Russian Federation. In this case, ask the security guard to show your ID and fix it on the camera. If the document is refused, then this can be compared to if a stranger approached you on the street.
Police misconduct
Is it possible to shoot police officers in cameras in stores if they were nevertheless summoned by store employees? The answer is yes. However, very often law enforcement advocates prohibit filming, which is an abuse of power.
In this case, you can do the following:
- Call the helpline and talk about the essence of what is happening. All appeals of citizens are recorded and transmitted in the service of their own security, which promises big problems for government officials.
- Contact the prosecutor’s office and write a statement to a specific police officer who committed an unlawful act, based on article 286 of the Criminal Code.
As practice shows, it is worth only mentioning the above actions, as law enforcement officers immediately cease to prohibit the conduct of photo or video recordings and are deleted.
Is video recording of goods allowed on store shelves?
Many people, choosing a particular product, prefer to photograph it on the phone in order to be able to compare the cost of a particular model or the technical characteristics of different devices. But very often, seeing this, security guards approach customers and say that it is forbidden to take pictures in their store. Therefore, many citizens are interested in the question of whether it is possible to shoot goods on camera in stores.
Such prohibitions can be considered legal only if they are supported by regulations drawn up by local authorities or relevant departments. To date, not a single such regulatory act has been adopted in Russia, therefore, each buyer has the opportunity to shoot everything that he sees fit on his smartphone in the trading floor.
But here it is important to understand the fact that only amateur photography is permitted, which means fixing information for personal use that does not pursue commercial interests.
What does the law say about photographing goods at points of sale?
Can I shoot on camera in stores? The Law on Consumer Rights and the Constitution of Russia guarantee each citizen quality service, as well as the ability to freely search, receive and disseminate information, regardless of what methods are used in this case, if they do not violate applicable law. This is spelled out in the seventh article of the Law “On Information”.
As for retail chains, retail space is open to visitors for absolutely all citizens, without exception, therefore they are public places. Thus, no one has the right to prohibit taking pictures or recording videos in retail outlets.
If sellers or security guards try to limit you to this, you can refer to article 437 of the Civil Code, which states that any information on a product posted on a price tag is public, therefore it has nothing to do with the company's trade secret.
How to behave in case of conflict?
If you have a conflict brewing with its employees over the video shooting, you need to remain calm and in no case should you pass on to personalities or insults. We must not forget that any arguments presented by sellers have no legislative support. Ask to invite the administrator or director of the company, and try to resolve the issue with them. If a common language cannot be found, then it is worth contacting the consumer protection service. This organization has a great influence on retail chains.
Can I shoot on camera in stores? The rules of some companies prohibit such actions. This is prescribed in the organization’s work regulations, and the corresponding prohibitory sign hangs on the door. But, as mentioned earlier, such restrictions of buyers are not legally justified, therefore they are illegal. Whatever internal documents prohibiting photo and video filming are presented by store employees, they cannot have greater force than the laws of the Russian Federation.
If the conflict still cannot be avoided, then turn off the smartphone or camera. However, it is not necessary to delete images. In no case do you pass on your gadgets to anyone, and fulfill any requirements on the part of store employees only in the presence of law enforcement agencies, which must draw up the relevant document. With it, you can go to court and demand at the store compensation for material and moral damage.
Can I rent other buyers?
We found out whether it is possible to shoot store employees on camera, however, how are things with customers? Can I photograph them or not? Doing this is prohibited, and photographs depicting another person may be used only with his consent. This is spelled out in the first part of Article 152 of the Civil Code.
Exceptions are only the following goals:
- the shooting was for public purposes;
- photographing took place in a public place, and the person is not the main subject of the picture;
- The photo shows a sitter who received a monetary reward for the picture.
Thus, if you photographed goods in a store, but another buyer accidentally fell into the lens, then the frame can be used, and there will be nothing for it if an outsider is not the central figure of the picture.
Where is shooting prohibited?
So, we have already answered the question of whether it is possible to shoot on camera in stores. But you need to understand that not all places are allowed to take photos and videos. According to a number of normative legal acts, all correctional institutions, buildings related to the judicial system, as well as state facilities where access control is carried out, are banned.
In order not to get into unpleasant situations and not to allow violation of one’s rights, one needs to be well versed in legislation. Therefore, it is recommended that you familiarize yourself with the Constitution and the main legal acts. In this case, you can stand up for yourself in any situation.