Hi! I need to hear some opinions regarding my question.
Am I breaking the law if I am taking some photos of someone who happen to be on the public road? I understand that we may need a model release form if we are using the photo for some advertising purposes. Sometimes when I take a photo of someone on a public road, the someone shouted very loudly at me and demanded me to delete the pictures from my camera. I told them politely that I am not breaking the law and they have no rights to ask me to delete the shots from my camera. Am I right?
I am sure I have no rights to take some photos in a private compound but not on a public environment without first asking for permission.
Thank you,
With regards
Kaikeong
Your location Singapore or Shanghai? Your profile put Shanghai? We donno Shanghai law, you have to ask Chow Yun Fatt.
If Singapore, last time no need Model Release for commercial use, now with Personal Data Protection Act, you need, and be specific.
You can take pictures in public places, but if you take in a way that cause harassment to the other person, he may complain to the court that you harass him, provided he makes the effort to go thru the process, but it is up to the magistrate to decide if he is wasting courts time making a nonsense claim, or valid.
If he shout at you and behave aggressively at you, you can also complain to the court that he harass you, provided you make the effort to go thru the process. He can demand you to delete the photo, you can don't give him a hoot. If he continues to make those demands, add in threats, get physical with you, etc, he is also liable for his actions. Best is both get fined by the court for wasting courts time and police resources. But if its the Police who ask you to delete the photos, you better cooperate, especially during security sensitive periods or locations, ie airports, etc. Because there are always certain laws or provisions or special situations for them to make those demands and trying to be a smartass usually lands you into legal problem with the law, criminal or civil. Local police is very fair and usually right, so cooperate and you will be fine.
If the Police or the court probe into the photos you took, then you are also subjected to scrutiny of all those photos you took, whether is that person alone, are general view where that person is a small part of it, the reason you took it, is that reason convincing to the judge, did the other party suffered any lost or hurt, when things go to court, its your word, against the other sides words, some words spoke by some individuals are more skilled and calibrated ie a representing lawyer, so if you want to win, maybe hire one?
Even in a public place, there are also situation you better keep your camera, ie someone run naked around, due to whatever reasons intentional or unintentional, and you start taking pictures or videos, ahhh, actually you may had committed offences, ie the person may not intentionally exhibit nudiness but is insulted that you took his/her photos, or authorities may have reason to suspect you are making an undesirable film or publication..
Then there are differences between public place, and private places but with public access granted, ie train stations, shopping centres, etc. You can take, until the permission is revoked by the premise owner, or their assigned staff, especially security, so dont fart around with security, nowadays not all security are uneducated ah laos on a retirement job, many had upgraded to be as nasty as any self entitled person could be and they also consult legal and know their rights and powers as a premise guardian.
For example, a toilet or changing room is a place with public access, try taking pics of people whether clothed or unclothed and one single complaint to the police for sure you go up the QX.
End of the day, whats so nice about taking random people on the street? Street Photography? Still the Henri Cartier-Bresson thing? For what? Not boring meh? Why not shoot colorful flowers, fruits or insects or spiders, or shoot bird? So much more fun. Or join an organized shoot and shoot xiao meimei, XMM got paid so she wont complain. No offences, but too much of this street photography thing in singapore just means shooting china town ah pek playing chess, poor auntie collecting cardboard, homeless old folks sleeping at void decks or benches, then a random cat, then go geylang and snipe street hookers, then little india shoot the same roti prata uncle, always the same thing, it just get super boring and disrespectful to the people.
Seriously, it is super creepy and weird. Just put yourself in other people's shoes, how will we feel having a stranger secretly taking pictures of ourselves? Many people will freak out and a high percentage will react defensively, aggressively, sometimes violently. Street photography? A pretentious name for Voyeurism.