NOT ILLEGAL, BUT IS IT MORALLY RIGHT?

While it is generally not illegal to take videos or photographs of someone in public, some people believe that it is morally wrong to do so and that it is an invasion of privacy. Similarly, others feel it is alright to take videos and photographs of someone else in public as long as the content is not obscene or harmful.

Even if these videos or photographs are not obscene or harmful, one should still be conscious of the possible implications on the persons in those videos or photographs, especially if negative behaviour is captured.

This includes how it may affect them at work or in school, and how it may affect their friends and family members. Ultimately, it is a personal choice whether or not to take a video or photograph of someone else in public but one needs to be aware of the moral and legal implications. If the situation permits, it would only be right to seek consent before any videos or photographs are taken, particularly if it involves a child.

What then can you do if you find yourself the unwilling subject of a non-obscene video or photograph?

Approach the situation calmly and politely request that the other party stop taking pictures or videos of you. You may also ask them to delete any footage and/or photographs they have already taken. It is important to avoid shouting, being argumentative, intimidating, or aggressive.

Likewise, refrain from engaging in any physical altercation, such as trying to take their devices from them or pushing them forcibly. If the person persists in filming or photographing you, you may wish to call the police for assistance or to file a report.

While you might need certain information from the person to file your report, it is important to understand that you do not have the right to demand their personal identification documents or prevent them from leaving. If you have made a police report for a crime but your case is not taken up for further investigation or prosecution, you can choose to file a Magistrate’s Complaint to give directions for further action. Additionally, you may also consider taking legal action against the person for any emotional distress or financial losses suffered.