Given that this is taking place in a public area where one would not have an expectation of privacy, what legal restrictions exist on photography of people where they are not the subject of the photograph?

For instance, say that I am taking a photograph of a popular statue, and people happen to be in the frame? Assume this is in Australia; New south Wales, specifically, but I am interested in answers for other states also.


1 Answer 1


Let's put to bed the myth of privacy that is at the heart of your question: in R v Sotheren (2001) NSWSC 204 Justice Dowd said “A person, in our society, does not have a right not to be photographed.”

In general, you can take photos of people; statues have even less privacy rights.

There are limitations mainly related to voyeurism and commercial use, which are discussed at http://www.4020.net.

  • 1
    "Statues have even less privacy rights." Heh. Commented Jun 24, 2015 at 10:22
  • 2
    The language pedant in me wants it to say fewer rights. The linguist in me doesn't care.
    – jimsug
    Commented Jun 24, 2015 at 12:52

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