Consent in Public and Street Photography

Understanding Consent

  • Consent is the permission for something to happen or agreement to do something.
  • Gaining consent is a fundamental ethical consideration in photography, especially in public and street photography.
  • It’s important for photographers to understand the distinction between ‘implied’ and ‘explicit’ consent.
  • Implied consent means that the subject’s agreement is inferred from their actions, facts, or by the circumstances, without any expressed verbal or written agreement, while explicit consent requires a clear, verbal or written agreement from those being photographed.

Why Is Consent Necessary?

  • Seeking consent respects the individual’s privacy rights and upholds their dignity.
  • Not gaining consent may lead to potential legal liabilities and ethical issues.
  • It encourages trust between the photographer and the subject.
  • It ensures that the subjects are aware of how their image is being used, ensuring transparency.

Issues with Consent in Public and Street Photography

  • In a public place, people may have a reduced expectation of privacy, but that doesn’t necessarily mean that they’ve given consent to be photographed.
  • Street photography often involves candid shots, which can make gaining consent difficult.
  • There could be language barriers or situations where obtaining consent is unfeasible or might disrupt the scene.

Obtaining Consent

  • When feasible, always approach individuals before or immediately after taking their photograph to get their consent.
  • Transparency about the intention of the photo – where it will be used and how – is essential in gaining informed consent.
  • If the subject is a minor, consent should be obtained from their parent or guardian.
  • Written consent, or a model release form, is considered the safest legal option, especially for commercial uses.

Dealing with Non-Consent

  • Always respect a person’s decision if they don’t consent to their photo being taken or used.
  • If consent is withdrawn after the photograph has been taken, it can pose ethical and legal challenges.
  • In such instances, consult with a mentor or legal advisor to help navigate the situation.

Striking the Balance

  • Ethical street photography involves striking a balance – capturing candid moments that tell genuine stories, but also respecting people’s privacy and rights.
  • Consider the potential impact of the photograph on the person’s life. If it could cause harm, distress or embarrassment, it’s best to refrain.
  • Remember, photography laws and privacy expectations can vary greatly between countries so always be aware of and respectful to local customs and norms.

Key Takeaways

  • Photographers have a duty to balance their creativity with ethical responsibilities including gaining consent when necessary.
  • Consent is not just a courtesy, it’s a sign of respect, trust and transparent communication between you and your subjects.
  • Acting ethically not only protects the photographer from potential legal issues, but also makes the craft of photography more meaningful and appreciated.