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Police Restrict Public Photography

An anonymous reader writes "News.com is reporting that in Australia, recent attempts by a photo club to take pictures of industrial installations was met with police resistance. From the article: 'Club member Hans Kawitski was told not to photograph industrial installations and was ordered to inform members of the camera club to follow his lead. Liberty Victoria said its advice to photographers would be to ignore the directive. "The police have got no place making such warnings," president Brian Walters SC said.'"

35 of 490 comments (clear)

  1. A little sensationalist by BlackMesaLabs · · Score: 2, Informative

    It wasn't a "Police ban" or "restriction".
    Some cops just warned them against it. They can photograph all they want and theres not a damn thing the police can do about it.

    1. Re:A little sensationalist by novakreo · · Score: 4, Informative

      It wasn't a "Police ban" or "restriction".
      Some cops just warned them against it. They can photograph all they want and theres not a damn thing the police can do about it.

      It's called a chilling effect.

      --
      O frabjous day! Callooh! Callay!
    2. Re:A little sensationalist by dbIII · · Score: 2, Informative
      When someone with a gun, handcuffs, and the power to arrest you and make your life miserable "warns" you, he is telling you what to do IMHO.
      A few years ago in the part of Australia I grew up in there were a huge number of arrests at one point on the two charges of obscene langauge and resisting arrest - the price of pissing off cops (along with a lot of injuries that were inflicted while subduing the suspect). Things are better now and the Police Commissioner back then had done jail time since, but people pay atention to warnings.
  2. Photos inside buildings. by Chmarr · · Score: 4, Informative

    The article mentions being 'hauled away by security' for taking photos inside Eastland shopping center. Well, that one's understandable. The shopping center is private property... can't take photos without the property owner's permission.

    That the article fails to mention the difference between photots inside someone's property, and from outside the property, is poor journalism.

    1. Re:Photos inside buildings. by tpgp · · Score: 5, Informative
      The article mentions being 'hauled away by security' for taking photos inside Eastland shopping center. Well, that one's understandable. The shopping center is private property... can't take photos without the property owner's permission.

      You are correct that the shopping centre is private property, but incorrect that this means you cannot take photos there without the property owner's permission (I am going to make a huge punt and guess you are not an expert in Australian law)

      This wiki has a reasonablly good explanation:
      The Summary Offences Act 1988 states: 'public place' means (a) a place (whether or not covered by water) or (b) a part of a premises, that is open to the public, or is used by the public
      As much as the shopping center operaters would love to control everything, they opeate a public space.

      That the article fails to mention the difference between photots inside someone's property, and from outside the property, is poor journalism.

      What you fail to mention is that US!=The rest of the world. Things work differently in Australia.
      --
      My pics.
    2. Re:Photos inside buildings. by xstonedogx · · Score: 3, Informative

      What you fail to mention is that US!=The rest of the world. Things work differently in Australia.

      Things aren't that different..

      Only buildings created after December 1, 1990 are protected by copyright. Fortunately for photographers, the copyright in an architectural work does not include the right to prevent others from making and distributing photos of the constructed building, if the building is located in a public place or is visible from a public place. So you don't need permission to stand on a public street and photograph a public building. You don't need permission to photograph a public building from inside the building (although you may need permission to photograph separately-owned decorative objects in the building, such as a statue). You don't need permission to stand on a public street and photograph a private building such as a church or a house.

    3. Re:Photos inside buildings. by tpgp · · Score: 4, Informative
      (whether or not covered by water)

      Am I the only one wondering why this line is included?
      Probably not.

      To explain, after some guy took a picture of a topless woman using his mobile phone (on a public beach) a while ago, there was an outbreak of hysteria, leading to several councils banning cameras in swimming pools (and the some beaches) to save the children from perverts. Essentially the line is there to remind you that a pool and the beach are also public spaces (it's also important to note how important swimming spaces are to Australian life & culture)

      Online opinion has a reasonable overview of this.
      --
      My pics.
    4. Re:Photos inside buildings. by 1u3hr · · Score: 2, Informative
      The article mentions being 'hauled away by security' for taking photos inside Eastland shopping center. Well, that one's understandable. The shopping center is private property... can't take photos without the property owner's permission.

      Rubbish. Here's a page on Australian street photography legal issues by a lawyer:

      Whenever you enter private land, you do so with the understanding that you consent to any requirements the property's owner may impose on you. So if they tell you to stop taking photographs, for whatever reason, then there is nothing you can do about it. It's their turf and their rules - so stop it!

      Hence the difficulty taking photographs inside shopping centres, "walmarts", department stores or supermarkets. These areas may be publicly accessible, and have arguably become the "village square or commons" of our time, but they're still on private land, and thus fall under the control & regulation of their owners. Which means they can prohibit almost anything they like (including photography) on their land and there is nothing you can do about it. (Remember no Bill of Rights in Australia = no Freedom of Speech.) Mind you, once you leave their land, there is nothing to prevent you from taking photographs from outside their property borders (this was the finding in the 1937 Victoria Park case).

      Although property owners can use "reasonable force" to evict people if they don't follow their lawful instructions, they can never threaten violence (= "assault"), or detain you at length (= "false imprisonment"), or push you around & seize your camera or film (= "battery"). Rent-a-cops, supermarket clerks, shopping centre managers and even customers at a Haldon Street Cafe in Lakemba should take careful note of this.

      Finally, what if you take photos, publish them, and are then contacted (threatened?) by the property owner, claiming you have no right to use images of their "private space"? Frankly - ignore them!

      So you don't need explicit permission, you can take photos unless they have notices sayng otherwise; and regardless they can't take your camera or prevent you from publishing.
  3. Old News by sstrick · · Score: 4, Informative

    This is from a few weeks ago and more careful examination showed that it was a storm in a tea cup. A few people were warned by an individual officer. They were not stopped from taking photos and it is not police policy.

    It was simply one police office making a comment.

    It must be a slow news week.

    --

    "Do you think we could wipe out world hunger forever if scientists figured out how to make AOL's Free CD's edible?"-
  4. Public Domain and ease of information by talipdx · · Score: 2, Informative

    I'm pretty sure that if they gave this order under the guise of deterring "terrorism" it's pretty much in vain, in that more valuable intel is already available in the public domain, weaknesses in any event should be known, just as code audits are released in the public domain. I can think of 1 site off the top of my head that is pretty big on releasing "Eye-Ball-Series" on industrial, government, and public facilities

    Liberty Victoria is the aussie's version of Amerika's ACLU, I've always envisioned AU's law as pretty right on and have taken a liking to most of their politics (with the steady decline of my countries) altho this seem just to be some unrelated bullying more than an overt government policy to prevent terrorism.

    On a completely unrelated side note, I heard from a friend of mine in AU said that the Adelaide Museum director said they couldn't seel the $200,000 AUS valued whale vomit ball as under federal law it's part of a whale and therefore protected. She also went on to say that they could donate the item to the Adelaide Museum for display indefinately.

  5. Re:Warsaw Pact beckons. by Anonymous Coward · · Score: 2, Informative

    I travelled to the USSR in 1976 and it was still prohibited
    to take photographs in train stations, airports, from planes
    and in a lot of other places.

  6. Probably a matter of concern by bhaskie · · Score: 3, Informative

    "... after he photographed gas storage cylinders at the city's Shell oil refinery" This seems to be sensitive and could have caused trouble if such pictures land up in the hands of terrorists. I have seen terrorists blowing up gas pipelines at oil-refineries in my country, and believe me, it is really an issue. But the fact that were told not to photograph industrial installations seems too stretched. The police don't have the right to ban public photography anyway.

  7. Re:So? by rainman_bc · · Score: 2, Informative

    US, they can't drag you off without a charge.

    Correction. They can drag you off on a whim. They can hold you for a short period of time, and have to release you if they cannot press charges.

    In Canada, that means a 24h period. Probably something similar in the US.

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  8. In that case by Sycraft-fu · · Score: 5, Informative

    He should have called the police, filed a report for false arrest and sued the company for destruction of property.

    The actions of a private security force are not the responsibility of the government, and they are restricted by the same laws as the rest of us. This isn't the government cracking down on terrorist bogeymen, this is a private security force that needs to be informed they aren't cops.

    Learn your rights, and stand up for them.

    Now this is, of course, assuming your friend wasn't doing something illegal while taking the pictures like tresspassing, which is illegal and would get him in trouble. This would actually be what I would suspect, given my past experiences with such things. I've had a number of "rent-a-cops breaking the law" stories related to me in my life, most in person. Initally, it always sounds like the security force was in the wrong and, of course, I advocate standing up for one's rights as always. However it then usually comes out that the person involved was doing something they shouldn't have: Tresspassing, shoplifting, whatever.

    Either way, my advice for the future: If private security tells you to stop taking pictures while you are on public land, tell them to get lost (do make sure you are on public land, not their property). If they try to detain you, get your cell phone out and threaten to call the police, while backing away. If they push the issue, make the call. If they do detain you and take your property, file a police report, and contact a lawyer about a civil suti. It IS illegal.

    Security forces can temporarily detain a person only under very limited circumstances, such as if they are on the private property they are hired to protect, and they have witnessed the person comitting an illegal act (like shoplifting). Otherwise, they are just civilians in a silly uniform. If they try to grab you for something like taking photos on a public street, they'll lose their jobs at the very least.

    1. Re:In that case by Eivind · · Score: 3, Informative
      Now this is, of course, assuming your friend wasn't doing something illegal while taking the pictures like tresspassing, which is illegal and would get him in trouble. This would actually be what I would suspect, given my past experiences with such things. I've had a number of "rent-a-cops breaking the law" stories related to me in my life, most in person.

      But the thing is -- even if you *did* break some law, this does not give the rent-a-cops carte-blanche. They *are* under such circumstances allowed to, under certain limitations, make a citizens arrest and detain you (by use of force if nessecary) until the police arrives.

      They are *not* allowed to, for example search your backpack, destroy film from your camera, or indeed prevent you from taking pictures. (they can however indirectly prevent the latter by asking you to leave the premises)

    2. Re:In that case by Anonymous Coward · · Score: 5, Informative

      I'd just like to respond to your recommended recourse against private security guards:

      PLEASE, PLEASE DO NOT DO ANY OF THOSE THINGS!!!!! PLEASE DO NOT ENTERTAIN THOUGHTS ABOUT SPRAYING US WITH MACE OR INTIMIDATING US WITH WEAPONS!!

      Ok, my background. I'm licensed as an armed guard in the state of Oregon; I've gone through a lot of training with various levels of law enforcement to understand the charge and the responsibility of the sort of work I do.

      First, it's not always the most interesting work, to be a security guard (unarmed.) Mostly I walk around a factory interior and tour the grounds a couple times an hour in the evening and at night. But as a guard, I may be assigned to do a lot of different things - sometimes instead I'll do entry security at an event, and YES, we're allowed to search bags, but only because you paid to get in. And of course there's some level of profiling involved: the clean-cut, courteous individuals don't make trouble 999 out of 1000 times, even if they sneak in a flask. And it's absolutely not a matter of race, mind you, or ethnic wear, not among anyone in this company that I've worked alongside with, but manner of dress, habit, and personal effects. (So if you want to smuggle a flask into a concert, dress like a business professional who's going to an event after work; you won't be searched. If you make trouble anyway, yeah, you'll still get thrown out.) But this is all a digression...

      The purpose of employing security guards, nine times out of ten, is not to hold off a major break-in attempt: it's to scare off vandals and call the fire department if something catches on fire. At the factory where I work, there's no point in trying to steal anything, anyway - they turn giant rolls of steel wire into much smaller segments of differently-shaped wire. You'd need a tractor trailer and a forklift to try to make off with anything, and then what - are you going to sell a hot 5 ton spool of steel wire? To whom? So it's not about theft prevention. But to prevent some kids from hopping the chain link fence and throwing rocks at the windows, that's worth it to the business.

      So, if I saw someone wandering on the property taking pictures, I'd probably ascertain: are they on the property? If so, then I will inform them that they can't be here (note: you don't say "You're trespassing! Cease your ingress!" - you use words that any native speaker and many nonnative speakers understand); I won't ask what they're doing, I won't engage in a conversation about why they should be allowed to remain. They can't be here. (Showing a company badge means I let them alone for now and then call my supervisor to let him know that a suspicious character has a badge, and he calls the plant manager to find out if they're legit.) If they're not on the property, let em go.

      I don't know of a single guard who would try to take down someone without really good cause. I sort of don't believe that these people actually exist - I think they're the fictional nemeses who lend bravado and excitement to our friends' exploits, a contemporary ghost or gang of bandits. Why? Because it's dangerous and stupid to confront anyone. They could have a knife, a gun, and then your life is over, and for what? the glory of tackling some punk with a camera (hint: there is none) to save a few windows? to protect a five ton spool of steel wire?

      (The "reall good cause" could be - some thug is having a party in your department store, knocking over displays, menacing customers, threatening people. I haven't, but I've worked alongside with some guards who have tackled and bodily restrained these people until the police arrive and detain them. And when I've worked armed, the rule is - property can be replaced, while your life can't. Only if someone threatens violence or death do you draw your weapon, and first as a deterrant, last as a protective.)

      One last thing: yes, anyone can place anyone else under citizen's arrest, and anyone can bodily detain anyone else. The

    3. Re:In that case by BenEnglishAtHome · · Score: 2, Informative
      I'm licensed as an armed guard in the state of Oregon; I've gone through a lot of training with various levels of law enforcement to understand the charge and the responsibility of the sort of work I do.

      I guess that explains all the whitewash you're throwing around. Specifically:

      I don't know of a single guard who would try to take down someone without really good cause. I sort of don't believe that these people actually exist - I think they're the fictional nemeses who lend bravado and excitement to our friends' exploits, a contemporary ghost or gang of bandits.

      That's the core of your post, a bleating and transparent lie that there really aren't security guards who deserve to be shot. You're wrong and you either know it or you're an idiot with his head stuck so far up his ass you'll never see daylight again (which is, actually, a reasonably good description of most rent-a-cops.)

      How about a few cites?

      Security Guards Who Use Their Job To Abuse Children

      Security Guards Who Use Their Job To Rape and Profile

      Security Guards Who Use Their Job To Murder

      Security Guards Who Use Their Job To Falsely Imprison (and generally just act like assholes)

      and there are a whole bunch more, but I don't intend to spend the whole morning cutting and pasting links. Just go google for "security guard abuse" and limit your reading to newspapers and academic articles and you can't escape the conclusion that some security guards are so "badge heavy" (the "I've got a badge so I'm God" complex) that they truly need to be shot. When you make articulate postings defending security guards and deny that unfortunate reality, you lose all credibility.

  9. Our Australian Laws cover smoking and photograhy! by iamagloworm · · Score: 2, Informative

    Where you can smoke, in Australia at least, is governed by legislation... Under the Australia Summary Offences Act a 'mall' is a public space and there is no 'reasonable expectation of privacy' is how the law states it I believe. (from memory) Enclosed public spaces like 'malls' are designated smoke-free by state governments here... everything is fucking legislated! Whether you like the legislation or not, it's there!

  10. There was a good reason for this paranoia... by jheath314 · · Score: 5, Informative

    Prior to WWII, back when Russia and Germany had relatively friendly relations, a lot of German 'tourists' visited the USSR and had their photographs taken by various strategic landmarks, such as bridges and tunnels. The photographs intentionally included the nearby signs, which provided important parameters such as clearance and maximum allowable load. Once this information was systematically compiled, the Germans had an unprecedented knowledge of their future enemy's infrastructure, enabling them to plan troop and weapon deployments with an incredible level of detail.

    --
    Procrastination Man strikes again!
  11. 30 seconds of google would do it by meringuoid · · Score: 4, Informative
    Here's one story on the subject. There was quite a bit of coverage of this case, a couple of years back.

    Apparently it looks exactly like an innocent tourist video, which proves that it's really a cunning tradecraft terrorist video. Yep.

    --
    Real Daleks don't climb stairs - they level the building.
  12. Re:Warsaw Pact beckons. by KiloByte · · Score: 4, Informative

    1950s? In Poland, you will usually get your photos erased if you try to photograph a train station today. Sure, they no longer have the right to do so, but most of train guards and people don't realize this. And most folks get intimidated when apprehended by uniformed men who don't know it better.

    The actual law was changed just a few years ago, too. And even though it no longer considers train stations "objects of vital military importance", shooting a photo of a lawn at a military training grounds can put you in trouble.

    --
    The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
  13. That is (or at least was) illegal... by interactive_civilian · · Score: 5, Informative
    DrEldarion said:
    One of my friends was taking pictures of an industrial facility at night for a photography class - security detained him and destroyed his film.
    Was this private security for the complex? Or was it actual law enforcement?

    Because if it was private security, the first thing your friend should have done was call the police and have the security guards arrested for theft and/or destruction of personal property. It is not legal for them to do that. They can ask you to stop taking pictures and if you actually are on their property then you must comply, but they cannot take your film. Well, at least not without a court order.

    Check out the Photographer's Right.

    --
    "Empathise with stupidity, and you're halfway to thinking like an idiot." - Iain M. Banks
  14. Re:this is all the rage in britain at the moment by Anonymous Coward · · Score: 5, Informative
    the police do not need to charge you with anything to detain you - if they have suspicions of any sort that they can relate to terrorism in any way, they can haul you off to the station for questioning

    And having gotten you to the station, they can take a DNA sample, which they keep even if they subsequently release you without charge.

  15. Oh, and the outcome? by meringuoid · · Score: 4, Informative
    Over three years in prison when all that had actually been done illegally was an insurance scam carrying a maximum sentence of six months.

    Prosecutors claimed that this was part of an ongoing economic jihad. I really wish I was joking.

    --
    Real Daleks don't climb stairs - they level the building.
  16. polish precedent by lovebyte · · Score: 2, Informative

    In 2004 a French amateur photographer, Michel Neyrolles, was arrested in Poland and detained for almost a month because he took pictures of some industrial estate. So this Australian bloke is pretty lucky.

    --

    I'll do it for cheesy poofs.

  17. UK Plane Spotters in Greece by beders · · Score: 4, Informative

    Whilst I don't condone the boring nature of what they were doing, I thought this might interest people outside the UK or with medium term memory loss.

    Plane-spotters 'ignored warnings'

    "They were held in prison for almost six weeks, before being released on bail and allowed to return to Britain."

  18. Re:So? by Anonymous Coward · · Score: 1, Informative
    in the US, they can't drag you off without a charge

    Sure they can. All they have to do is accuse you of being involved with illegal drugs or (even better) terrorism. Don't you know that some things are more important than your god-given right to individual liberty? They will lock you up and confiscate your posessions (especially your vehicle or house), and you won't get them back even if you are found to be innocent. No need for hard evidence, warrant, or formal charge if drugs or terrorism can be cited. Welcome to the land of the free.

  19. 2600 by PhilHibbs · · Score: 2, Informative
  20. Not just the police restricting photos by parodyca · · Score: 3, Informative

    You can't photograph the Eiffel Tower either. At least not at night.
    This is just yet another nail in the coffin of freedom, in another (once democratic) country.

    1. Re:Not just the police restricting photos by markandrew · · Score: 4, Informative

      of course you can take photos of the Eiffel Tower at night... this is the sort of rubbish that helps no-one, it really annoys me! this is exactly the reason that this situation exists - someone reads an article that says "you cannot do XYZ" and then goes round telling people "you can't do ABC".

      You're not allowed to PUBLISH photos of the tower at night - but even then, the policy is that amateur publication, such as displaying the image on your homepage on the internet, will be overlooked.

      publication is NOT the same as photography!

  21. Photos of public sites are banned in the U.S. too! by netringer · · Score: 3, Informative

    This madness has occurred in the U.S. too, in the fall of 2003 to cartoonist Wes Oleszewski, who does an aviation comic strip called Klyde Morris. Klyde is the first ant who becomes a commercial pilot. Just as with Doonesbury, the strip often shows well-known buildings with balloons of the conversations inside.

    Oleszewski wanted to be able to draw a better representation of the FAA's building.

    Oleszewski tried to take pictures of the FAA headquarters building in Washington, D.C. but was told photographs were forbidden for security reasons.

    The inital series of three cartoon strips on what happended start here. There's a follow up on the story here.

    --
    Ever dream you could fly? Get up from the Flight Sim. I Fly
  22. Re:Warsaw Pact beckons. by Undefined+Parameter · · Score: 3, Informative

    Greetings!

    I have a BA in History; one of the particular areas I studied in the course of attaining this degree was communism in America. Although I ended up focusing on the 1920s and 1930s, I did briefly touch upon the 1940s and '50s.

    Your statement that "McCarthy was actually 100% CORRECT in his inquiries" is, I'm afraid, false. Thousands were accused, but only hundreds were actually Communist Party members (of either the Soviet or the USA branch); fewer still were spies.

    McCarthy's claim that the government was doing nothing about those communists was, again, false. A simple look at the anti-communist (and, prior to the establishment of a Communist Party in the US, anti-anarcho-syndicalist) of the past three decades would provide evidence of this, as would the declassified documents mentioned in the wikipedia article you linked to.

    Again, McCarthy was not "100% correct." For more on this subject, I suggest you turn to your local libraries, especially any college libraries you happen to have access to.

    ~UP

    --
    Eat the Path.
  23. Are You Crazy Or Just Fucking Stupid???? by Anonymous Coward · · Score: 3, Informative

    just said "Don't do that again".

    When a cop says 'Don't do that again', how do you interpret that? Do you say 'up yours and do it again'? What happens then? Does he smile and say 'I'm just warning you, have a nice day'? Or does he say 'I told you not to do that! You are under arrest for disobeying an officer! You are getting beaten with a night stick for resisting arrest! You are being shot because I fucking feel angry at your resistance to my orders!'

    Here is a video of a police office in the United States shooting a man three times while the man is obeying the officer's orders! Do you think that this is the first time that this has happened? And yet you seem to think that it is insignificant when a policeman gives a warning against legal activity! Are you fucking stupid?!?!?!? When a cop gives you a warning/order you are taking your life into your own hands if you disobey. A warning from a police officer, legal or not, is a direct threat to you and if there is no legal grounds for that threat and you are not outraged by it, then you deserve the night sticking that so many others have gotten!

  24. Re:Similar experience... by jafiwam · · Score: 2, Informative

    Actually, the supreme court recently ruled that though you do not have to provide ID to a police officer, you DO need to tell them your full name (and not lie about it) when asked to identify yourself.

    I think it's a good idea for anybody to inquire about what law they are breaking to any snot-nosed cop as it is a legit question and forces them in a tight spot if they are doing something wrong.

  25. Re:True enough by VAXcat · · Score: 3, Informative

    >...by the FAA, not buy the first guy with a camera to ask. Title 14: Aeronautics and Space PART 91-GENERAL OPERATING AND FLIGHT RULES Subpart C-Equipment, Instrument, and Certificate Requirements ... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. And the guy said he was a passenger on that flight, so it's gotta be where he can ask to take a look at it. You just failed your written test...don't cry, you can take it again after you get your CFI to give you an endorsement saying he's given you some additional training...time for you to hit the Gleim books again...

    --
    There is no God, and Dirac is his prophet.