People are able to photograph and film in public as much as they wish on public holidays, special occasions, public transport, on private property, and in schools.
Can people get out of a ticketed photo or filming without a ticket?
Yes – they may exit the vehicle (if it isn’t a fixed-grip type) with the light turned off as long as they remain within the photo or filming area.
Can I get a ticket for taking a photo or filming while I’m being stopped by police?
No – under the NSW Civil and Administrative Law (CAL) a ticket is not necessary if you’re lawfully on the road at the time of taking the photo or filming.
However, under the NSW Civil and Administrative Law (CAL) a fine is not necessary if you or another person:
are lawfully at large, or
have been stopped and arrested by a police officer, or
are taken into custody.
For more information about photography in public and the consequences, read the NSW Civil and Administrative Law, Section 10B.
What are my rights while I’m filming?
To film or photograph, you must be of the opposite sex as what you are filming or photographing. You must ensure there is no person in the photo or film and the lighting and mood makes it impossible for others to identify you as the person filming or photographing.
The person recording you must use a video camera or audio recording device and keep the recording of the action in camera or audio. You must take out your video camera or audio recorder within ten minutes of starting the video or recording.
You are not required to consent to other’s being filmed or photographed.
To avoid liability you must ask permission if you are filming people or business.
In May, 2014, a group of 20 scientists took an ambitious journey to the icy bodies of Europa, Ganymede, Callisto, and Enceladus, hoping to determine how ancient life may have lived on their rocky surface, and how it might have evolved. On the way, they were accompanied by professional photographers, including this one:
I got a lot of responses to my questions about the photographer. Some thought I was asking a question that couldn’t really help with our research (e.g., “Why did you get to the places you did?) Others thought I was just plain weird. Either way…it’s a blast!
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