The legality of taking photos in public
The rights of a photographer is not stipulated enough
Mat Stern took photos of a private property in Edelweiss last Tuesday.
While doing so, he was accused by Clydesdale Community Police Forum (CPF) members of overstepping his boundaries.
The domestic worker of the property in question followed him home before she reported the incident to her employers.
They contacted the Clydesdale CPF who arrived at Stern’s house at 7.30pm.
Stern claims they were aggressive in their approach which left his girlfriend feeling intimidated.
Another accusation is of Stern taking photos of children and private property.
Stern realised the situation could be blown out of proportion and tried to explain his innocence but decided to show them the photos which were still on his camera,
He did mention he is a photographer and the photos taken were of leaves that he is going to use for a competition he wants to enter.
He claims they calmed down when they saw the photos and told him he needs permission to take photos of private properties.
Mike du Toit, chairman of the Springs CPF says given the level of crime, taking photos in a residential area that has over the past three months experienced 16 burglaries and six armed robberies, it should be understood that this is likely to be construed as suspicious by members of the public.
A member of a CPF has no more rights than any other citizen or even a policeman for that matter, but instead their role is to facilitate communication between the community and the police in the fight against crime.
CPF members patrol the areas with the objective of identifying suspicious activity.
In reporting such issues members of the public will often approach a member of the CPF who may follow-up to investigate such an incident.
Du Toit says the members follow-up stories, rather than wasting the time of the police, as it may in fact be quite innocent, which is exactly what they did in Stern’s case.
Although Stern felt sending three men was a bit much, du Toit says members never go alone as it may be serious or they may need witnesses.
“I cannot comment on what took place at the time, as there will always be two sides to the story,” he says.
He was informed in this instance the problem has been solved without calling the police.
John Fox, a photography lecturer at Digital Photography Courses (DPC) in Centurian, says these incidents are happening more often where the rights of photographers are misunderstood.
Giving guidelines he says a photographer has the right to take photos of anyone or anything if it can be seen from a public area.
He claims the public only have rights when they have secluded themselves to a place where privacy is a reasonable assumption.
“However, we urge people to be aware that behaviour that may be quite innocent could be construed by other members of the public to be intrusive or threatening,” he adds.
I did not take photos of a private property.
“Giving guidelines he says a photographer has the right to take photos of anyone or anything if it can be seen from a public area.” – John Fox (and the understanding of photographers in general)
Crime is destroying this country, and our civil rights… An innocent walk to my local cafe, taking photos of something as innocent as leaves… brought all this.
I will not be doing this again, but not because I do not have the right to do so; but, because I respect how my neighbours feel about the matter. It remains a very sad day, when we part with some of our rights.
I am an avid photographer, and given the facts about crime n such, I find it quite ridiculous that Matt Stern was treated the way he was. Yes he had a large visible camera and he was pointing it in all directions, quite obviously – he had NOTHING to hide.
So what about the person walking around with a cell phone, pointing it at houses, gates, street names, etc. Does anyone harass the person with the cell phone, who has immediately transmitted the images to his cohorts, and 30 minutes later they’ve committed a crime of housebreaking and possible assault.
Matt Stern would have to go home, spend an hour or two at least to download and process his images.
The difference is he’s a photographer with a large visible camera, and the other is a potential criminal, with ulterior motives.
So where are the members of the public reporting the character with his or her cellphone pointed at obvious targets – the REAL criminal.
The same goes for Malls – I cannot take my large camera into a Mall without being harassed by security, but EVERY SINGLE shopper in the Mall is armed with a camera, on their Cell Phones – are they harassed ? NO THEY ARE NOT.
I am the Founder of the Facebook Page “The Art of Digital Photography” Each month we have a competition on our group to challenge photographers to get out of their comfort zone and get creative with every day things that people normally tend not to see. Matt is a brilliant photographer (shooting Models) but now had a challenge to get out of his comfort zone and shoot a simple thing – leaves – It is such a sad day when a tog is aggressively approached for taking photos of things around him. Why did these men not just ask him politely what he was doing? I think the CPF patrols over reacted. I am sure a burglar would have taken shots out of his car of behind a bush with a “mik and druk” and not the kind of camera Matt is using. Sad day for photographers if they can not walk about and take photos of things around them to capture natures beauty?
The manner in which the CPF handled this was disgusting. Before they calmed down and listened they loudly threatened and wrongfully accused him thereby embarrasing him and his girlfriend in front of their neighbours who werent involved in the incident. In my opinion the CPF should ease up on their bullying tactics and be trained how to ask questions before accusing an innocent person who makes his living from photography and who’s name is somewhat tarnished.
The problem is not the CPF or other organizations confronting people and demanding explanations for “suspicious behavior” In fact, it is even mostly appreciated. The problem is when the “protector” becomes the “perpetrator”. Matt Sterns is not bashing the CPF, he is complaining about some of their member’s behavior. Members who cannot act within acceptable rules of conduct should not be allowed to act at all. Can you even imagine the danger of CPF or other community members taking the law into their own hands if this incident esculated somehow? I’ve been part of a similar organization myself and there are normally very rigid rules of conduct. Rude or intimidating behavior is absolutely not allowed. Get these people trained properly.
Photographs need to be more understanding that people are paranoid as we don’t know if he is a criminal or inesint and we to have a right to protect our property whether public or not. All I am saying have manners by letting the owner of the property know what you are doing for your safety and ours.
The problem with organisations like CPF is that it attracts good people but also those who just grave to wield power but should never be allowed to. I don’t want any such organisation near me
Hi Lorraine,
I respect the notion, but just think about it for a minute… So I am walking down the street, taking photos of trees on the sidewalk; that is not private in any way or form. Did I have to stop at every house on my way and ask if I can take photos of something that is not their private property? I might as well have gotten in my car and drove to the cafe. I have respect that those who does not face this on a daily basis might see it as less important, but it is still a right I have. I will not disregard the concern of the people of my neighbourhood, I will respect it. And, at least now with this article, it is my hope that I will be recognized by my local community and not be mistaken for a suspicious person. This right also protect every citizen’s access to information about what happens in their area. It’s the same right.