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Assume that I and other people are patrons on private property, and that the owner/occupier of the property does not object to my activities.

If I wish to take photographs of something on the property and I inadvertently include other people in the photograph, what are my legal rights and responsibilities with regard to the photos?

Am I required to cease taking photographs at their request? Assume this is in Australia; New south Wales, specifically, but I am interested in answers for other states also.


Re: the possible duplicate - this is concerned with an individual's specific request not to be photographed, where no such assertion is made in the suggested duplicate.

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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"

So they can ask you to stop; its bad manners if you don't but it is not illegal.

If they are the controller of the property then they can stop you filming from their property but they cannot stop you filming into their property from outside (either public land or land where you do have permission).

See How do laws affect photography of non-humans in public when people may be in the frame?

  • I suppose there's no precedent for cases where a person has asked not to be photographed, though? I interpreted the judgement as relating to people being passively photographed and not specifically requesting that they not be photographed. – jimsug Jun 30 '15 at 2:26
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    Look at the TV news, every night there is someone leaving court who has asked not to be photographed - they still are. – Dale M Jun 30 '15 at 2:36
  • This is true, however - this occurs either on public property (outside the court, for instance) or on private property where they occupy the property and hence can revoke authority to enter the premises. My question, I suppose concerns the latter case but where they are a guest or licensee rather than an occupier. – jimsug Jun 30 '15 at 2:38
  • Is this true -- but they cannot stop you filming into their property from outside-- How is that not consider under peeping tom laws? – Mike Jul 12 '16 at 13:06

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