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发表于 2023-4-11 20:04
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The broad factors that might influence whether your photo is in breach of the law are:
where the photo was taken;
what the purpose of taking the photo was; and
what use was made (or intended to be made) of the photo.
Where the photograph is taken
Generally, you can lawfully take a photograph in any public place such as a street, park or beach, and obviously any property you own or have control of (for example, a rented property).
While a concert hall or sporting arena might seem to be a public place, it’s not a public place in the same way that a park or beach is. You will generally have bought a ticket which means that you are there under the terms of a contract with the owner or operator, and those terms may include prohibition of photography, whether or not such a ban is enthusiastically policed.
Similarly, if you are present on property belonging to someone else, you will be there with their consent, so you should ask permission to take photographs.
The reason for taking the photograph
Generally, if the location is not a problem, the reason for taking the photograph doesn’t matter. However, if you have a voyeuristic purpose, which can generally be thought of as capturing images of private activities for your own or someone else’s sexual gratification, that is likely to be an offence under the Crimes Act 1900 (NSW) regardless of where you were when you took the photo. The distribution of ‘intimate images’ can also be an offence under the same Act.
On the other hand, if your job is to deliver goods and you take a photograph on someone else’s property without their permission, simply to prove you delivered the goods while the owner was absent, this is a legitimate purpose which should help deflect any criticism.
The use or intended use of the photograph
The reason why a photograph is taken and the use to which it is put are different things. A photograph may have been taken simply out of personal curiosity, but if it is subsequently used for an untoward purpose, trouble may result. |
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酒 伤 (2007-11-9) 安远翔 
发表于 2023-4-11 19:56
