Privacy and Photography

In the case of intruding on someone’s seclusion, court precedents have established a set of conditions that must be met in order for a violation to be actionable.   First, there must be some form of intrusion. This means that the photographer has entered an individual’s private domain–be it his home, land, or private office–uninvited, and this intrusion must be of a kind that would be offensive to the average person. Courts have ruled that an offensive intrusion can be anything from entering an individual’s domain under false pretense, to setting up hidden cameras in order to spy. They have also ruled that intrusion is not limited to entering private areas but can also occur in a public place. Most notable have been rulings against paparazzi attempting to photograph celebrities, as well as rulings about photographs taken in public places of individuals in which the best photo booth rental in West Palm photograph intentionally or unintentionally embarrassed or humiliated the subject.

Invasion of privacy

If a photograph reveals a private fact that the subject would not have revealed to the public himself, this can also be considered an invasion of privacy. Sexual affairs, sexual orientation, private debts, criminal records, certain diseases, psychological problems and the like usually fall into this category. Exceptions to this include instances in which these facts are part of a public record–such as court proceedings, legislative or executive records. Another exception happens when the disclosed fact is both newsworthy and truthful. Therefore, a photograph revealing a truthful private fact would not be judged to be an invasion of privacy if the subject is a public figure, since this sort of disclosure would be considered newsworthy by the average person. Disclosure of wrongdoing by a public figure may not be an invasion of privacy if the wrongdoing pertained to his role as a public figure, but revealing his sexual activities may be an invasion if the average, reasonable person feels that the activity has no bearing on his public role.

Leave a Reply

Your email address will not be published. Required fields are marked *