The Sydney Photography Meetup Group Message Board › Privacy and photographs

Privacy and photographs

Mike Martin
Posted Sep 2, 2011 8:08 PM
newtown_grafitti
Sydney, AU
Post #: 387
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There is no absolute right of privacy in Australian law. The Australian Communications and Media Authority (ACMA) establishes conditional rights in terms of what media organisations may broadcast. Photographers who respect ACMA guidelines are not guaranteed exemption from legal proceedings, but anyone who breaches them and posts stuff on a web site may be in trouble. The guidelines provide that:
In essence, each of the codes protect against the broadcast of material that invades a
person’s privacy either by:
> disclosing personal information; or
> intruding upon his or her seclusion.
Key questions are:
> Was a person identifiable from the broadcast material?
> Did the broadcast material disclose personal information or intrude upon the
person’s seclusion in more than a fleeting way?
It is possible to intrude on personal seclusion even by filming events that occur in public: for example by closely depicting the pain of someone seriously hurt in an accident, the anguish of someone who has just witnessed a horrific death, or by a couple having sex in an obscure corner of public parkland.

While consent of the person depicted is generally defence against a claim of breach of privacy, this may not be the case with children, who may, for example "lack the capacity, judgement or experience to make an informed judgement about the consequences of being filmed for a television program".

ACMA is considering revision of its guidelines and has called for public comment. A paper containing the detailed present privacy guidelines and its determination of several previous complaints of breaches is here
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