In this article, I will talk about the basic laws about video filming and photography. Where and what can be filmed, and what is not or not recommended? What obstacles might arise? What responsibility does the legislation establish for obstructing photo and video filming?
Publication and further use of the image of a citizen (including his photograph, as well as video recordings and / or works of fine art in which he is depicted) is allowed only with the consent of this citizen. After the death of a citizen, his image can be used only with the consent of the children and the surviving spouse, and in their absence - with the consent of the parents.
Such consent is not required in cases where:
2) the image of a citizen was obtained during shooting, which is carried out in places open to free access, and / or at public events (meetings, congresses, conferences, concerts, performances, sports competitions and similar events), except when such an image is the main object of use;
3) the citizen posed for a fee.
Article 152. Protection of honor, dignity and business reputation
[Civil Code of the Russian Federation] [Chapter 8] [Article 152]
1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that it is true. At the request of interested persons, the protection of the honor and dignity of a citizen is allowed even after his death.
2. If information discrediting the honor, dignity or business reputation of a citizen is disseminated in the mass media, they must be refuted in the same mass media.
If the specified information is contained in a document emanating from the organization, such a document is subject to replacement or revocation.
The order of refutation in other cases is established by the court.
3. A citizen in respect of whom information infringing on his rights or legally protected interests has been published by the media has the right to publish his response in the same media.
4. If the court decision is not executed, the court has the right to impose a fine on the violator, collected in the amount and in the manner prescribed by the procedural legislation, to the income of the Russian Federation. Payment of the fine does not release the violator from the obligation to perform the action stipulated by the court decision.
5. A citizen in respect of whom information discrediting his honor, dignity or business reputation has been disseminated, along with the refutation of such information, has the right to demand compensation for losses and moral damage caused by their dissemination.
6. If it is impossible to identify the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the person in respect of whom such information.
Article 137. Violation of privacy
[Criminal Code of the Russian Federation] [Chapter 19] [Article 137]
1. Illegal collection or dissemination of information about the private life of a person constituting his personal or family secret, without his consent, or dissemination of this information in a public speech, publicly displayed work or mass media - wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of one hundred and twenty to one hundred and eighty hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to four months, or by deprivation of liberty for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same deeds committed by a person using his official position, Shall be punishable by a fine in the amount of 100,000 to 300,000 roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to two years, or by deprivation of the right to hold certain positions. or engage in certain activities for a term of two to five years, or arrest for a term of four to six months, or imprisonment for a term of one to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
What liability does the legislation establish for obstructing photo and video filming.
The main article that applies to illegal filming restrictions is Arbitrariness. If it did not cause significant harm, then this is an administrative offense, liability for which is provided for in Art. 19.1 of the Code of Administrative Offenses. If significant harm is nevertheless caused, then it is already a crime (Article 330 of the Criminal Code).
If a private security guard unlawfully interferes with filming, he can be held criminally liable under article 203 of the Criminal Code (“Exceeding authority by a private detective or an employee of a private security organization with a private security certificate in the performance of their official duties”). If a police officer does the same, then he is liable for exceeding official powers under article 286 of the Criminal Code.
The same rules can be applied when deleting photographs from a camera memory card: the law (of the Civil Code) provides for the destruction of copies of a work only if these copies are counterfeit, that is, copyrights were violated during their creation.
And the seizure of the camera itself or a flash card is already a “robbery” provided for in Art. 161 of the Criminal Code, that is, "open theft of another's property." The value of the seized value does not matter, the corpus delicti will be in any case.
If the guards or the staff of the establishment call the police in order to prevent the supposedly “illegal filming”, it makes sense to ask the arriving police officers to bring the callers themselves to administrative responsibility. In this case, there is, which is called "knowingly false call to specialized services." These "services" include the police, firefighters, ambulance, and others.
In case of unlawful obstruction of filming at the polling station by someone from the election commission (for example, an observer), such actions can be qualified as “obstructing the work of election commissions” under Article 141 of the Criminal Code. Also, such actions provide for administrative liability under Article 5.6 of the Code of Administrative Offenses.
Interfering with the legal professional activities of journalists is punishable under Article 144 of the Criminal Code.
The owner of a commercial organization that establishes a ban on filming for visitors may be held liable under Article 14.8 of the Code of Administrative Offenses (“Violation of other consumer rights”). Let me explain the consumer has the right to receive information about goods and services in any legal way. Including photos and videos. Therefore, the signs on the doors prohibiting photography and video filming in stores and other similar establishments fall under Article 14.8 of the Code of Administrative Offenses. You have the full right to photograph and / or videotape goods, price tags, shop windows. The ban applies only to filming personnel without their consent.
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258 Comments
Thanks for the great article ^_^
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where is verse 152 taken from?
where is verse 152 taken from?
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Civil Code of the Russian
Civil Code of the Russian Federation.
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according to 14.8 of the Code of Administrative Offenses, a ban
according to 14.8 of the Code of Administrative Offenses, a ban only on filming personnel without their consent, what does this mean and which article regulates this. Thank you
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I cite the main articles and
I cite the main articles and acts.
Excerpts from the Constitution of the Russian Federation
Article No. 29 p.4. Article No. 44 p.1. Article No. 55 p.3. Remember, a ban on photography can only be introduced by federal law, and not by directors, managers, security guards, janitors and owners at will. Although the owners love to do it. References that the store is a "private area" are not valid. Since the store is a place open to the public. Go ahead. "Fundamentals of the legislation of the Russian Federation on culture". Article 9 Priority of human rights in relation to the rights of the state, organizations and groups.
Human rights in the field of cultural activity are priority in relation to the rights in this area of the state and any of its structures, social and national movements, political parties, ethnic communities, ethno-professional groups and religious organizations, professional and other associations.Photography is a cultural activity. In the field of cultural activity amateur and professional absolutely equal.
These are all general provisions. Now for a specific case. The main materials can be found in the article "prohibitions on photography and video filming", chapter
Anyone can ask you not to take it off, mind you - just ask. Law prohibiting photography of people in public and public places does not exist. It does not matter if they are at the workplace, performing official duties or just walking down the street. Therefore, the question of taking pictures or not is more of an ethical plan. The only restriction is imposed on pictures where a person is the main subject of the image, i.e. occupies at least 60% of the frame. And at the same time, restrictions are not imposed on photography ("for yourself" you can photograph anyone and as much as you like), but on the further rotation of the image. That is, placement on the Internet, in social networks, the media, and so on, without the prior consent of the depicted. When using the image for advertising purposes, or for the purpose of selling the image. This restriction is removed if the publication of the image is of political, state or public interest. Or is evidence.
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I just want to clarify for myself
I just want to clarify for myself) Is it possible to remove, for example, a loan officer when communicating with him (in order to further prove something, for example, he said that the interest rate on the loan would be 5%, and as a result, when signing the contract, it became 18%) ??? If he sees that a video is being filmed, he asks to stop filming, am I obliged to stop filming?
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You have every right
You have every right, because in this situation you are a consumer of the service and on your side the law on the protection of consumer rights, as well as the law on the right to collect information.
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and in ss they refuse to shoot me
and in SC they refuse to film the diagnostic process, pointing to the fact that the engineer conducting the diagnostics does not agree to filming himself and work with his participation. And in principle, video filming is allowed. But why should I shoot the service center when it is important for me to shoot the process itself, because I will not shoot his face, but only his hands, and what he says.
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You can only be asked not to
You can only ask do not shoot. Prohibit, they cannot - a direct violation of the laws of the Russian Federation. Any charges are subject to change only by the laws of the Russian Federation. More details in the article: Ban re you for video filming and photography. Events that happen to a person in a public place, or when he performs some public functions (for example, the activities of a civil servant) or the performance by employees (of the same engineer) of official duties (being at the workplace) in the general case cannot constitute a “secret of private life ".Shooting in public places can violate privacy only in cases where a person is photographed in a fitting room of a store, public toilet, bathhouse, etc. In this regard, the question arises - why are they so actively evading fixing the process of providing services to the Consumer?
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Please tell me if I
Please tell me, if I came to the club and filmed a mass celebration (performance of actors), do I need permission for this?
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No, it's not necessary
No, this is not necessary. Since the club provides a public (public) service, it does not matter whether it is a performance by actors, just dances or a local skit - in any case, this is a public event and permission to take photos and videos is not required. In this case, the law is on your side. Those who require this permission are engaged in "arbitrariness" article 19.1 of the Code of Administrative Offenses. If guards or Chop employees interfere by calling the police in order to prevent illegal filming, article 19.3 of the Code of Administrative Offenses. If this is the owner of a commercial organization (owner), then Article 14.8 of the Code of Administrative Offenses applies. And remember any employees of security companies, Chops and other organizations not entitled use physical force, or otherwise physically interfere with your photo and video shooting, since this is already a criminally punishable act. The exception is "closed events" access to which is carried out with special permits or invitation cards. But you won't get there that easily.
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Is video filming allowed?
is video filming allowed at the workplace without consent
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Allowed because this
Allowed, since this place is open to the public. Prohibited only at special facilities.
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Hello, can
Hello, can a policeman film the action of an ambulance team at the time of examining a patient and providing him with honey. help without the consent of doctors and the patient himself? (the action takes place on the street)
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Has every right and
It has every right and not only a policeman, but anyone, since the action takes place in a public place. In this case, there is no need to ask permission to take photos and videos. The restriction is imposed on the further circulation of this video or photograph (publication in the media, Internet networks, demonstration on TV channels, etc.). This restriction is removed if the publication (promulgation) is of state, public or other public interest. Article 152.1. Protection of the image of a citizen
[Civil Code of the Russian Federation] [chapter 8] [article 152] [clause 1]
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Good afternoon. Do I have the right
Good afternoon. Do I have the right to film in the canteen of an enterprise with access control and can internal regulations restrict this right?
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You have every right
You have every right, internal regulatory documents refer to documents regulating work in production and in workshops, but have nothing to do with public catering (the factory canteen belongs to public catering enterprises).
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And if the ban is justified
And if the ban is justified by the possibility of access to information that has a commercial secret (when you enter the building, you have access to such information), and allegedly, by filming inside the building, I "can" film the wrong thing)?
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Access to information for those
Access to information having a commercial secret has a strictly limited circle of persons. Even those who work in this institution (not to mention ordinary visitors), not everyone has access to these documents. Documents that have commercial secrets are stored in designated places where a limited number of people have access and cannot be located in places for visitors. They are not a commercial secret - documents posted for public viewing and familiarization. The appearance of the establishment, the interior, price tags and price lists, counters, racks, the appearance of dishes, menus, cash registers, etc., are not commercial secrets. Separately, according to documents - any documents that visitors and ordinary employees (without permission) have access to are not a trade secret. In order to declare something a secret, commercial, state, military, strategic, etc., first of all, access to this subject, object, etc. is restricted. And they establish a strictly limited circle of persons who have the right to familiarize themselves. As far as I understand, this is not the case in your case. The main article that applies to illegal filming restrictions is Arbitrariness. If it did not cause significant harm, then this is an administrative offense, responsibility for which is provided for in Art. 19.1 of the Code of Administrative Offenses.
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Hello! If I
Hello! If I am a VGIKA student doing a task that includes taking photos and videos of other children, can their parents prevent me or force me to remove the materials?
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Doesn't matter student
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And if photographing a child
And if the child was photographed in a kindergarten, and without any consent from the parents??? child 4 years old
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Photographing a child
Photography of a child under the age of 14 may be carried out only with the consent of his parents Neither the teacher nor the head of the kindergarten is authorized to give such consent. The photographer had to notify the parents in advance that photography would be taking place and obtain their consent either directly or through the teacher. Usually in such cases pre-registration is practiced. Otherwise falls under Article 16 of the Law "On Protection of Consumer Rights" under the term "imposed service" and Article 19.1 of the Code of Administrative Offenses of the Russian Federation "arbitrariness".
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Hello, would you say
Hello, you say I work as a fireman and at work I have conflicts that the leader does not keep his word, gives an order and after a minute says that he didn’t say such a thing .... and my decision is at work with a video camera to record everything that happens. The question is can I capture the entire environment at work. this state institution is not a sensitive facility?
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Your desire is perfect
Your wish is entirely legitimate. The law specifically emphasizes that special services, which include firefighters, ambulances, police, rescuers of the Ministry of Emergencies, etc. can be fixed (removed) without their consent. Therefore, you can. Only federal law can prohibit photography and video filming. And he stipulates objects where photography and video filming is prohibited, but the fire department does not apply to such objects.
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Please tell me if
Please tell me, if the guardianship authorities say that you can take a photo or video in order to prove that a person prevents meeting and communicating with a child, are they right? Or does the photo and video filming have to have some kind of resolution?
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They are right, in evidence
They are right, no permission is required for evidentiary purposes. But only if this shooting is purely evidence-based. This footage cannot be released to the public.
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Good afternoon, is it right
Good afternoon, does he have the right to take pictures of us at the entrance? I was standing with a neighbor in the stairwell (on the 3rd floor), talking about doctors, looking at the hospital test results, a non-normal neighbor (from the 7th floor) ran out of the elevator, who is not registered in this house and in this apartment, and started taking pictures of us, - she has to that right? What is the law? Despite the fact that she was yelling that we smoked the whole entrance, and how bad we are. We didn’t smoke and we don’t even have cigarettes. What to do in such situations?
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Hello, no it doesn't.
Hello, no it doesn't. Firstly, she had to clearly indicate her intention to take pictures and get your consent to this action (since, as I understand it, there was a personal photography, and not a reportage on the street).
Article 152.1. Protecting the image of a citizen.Such consent is not required in cases where:
1) the use of the image is carried out in the state, public or other public interests;
2) the image of a citizen was obtained during shooting, which is carried out in places open to the public and / or at public events (meetings, congresses, conferences, concerts, performances, sports competitions and similar events), unless such image is the main object of use;
Article 151. Compensation for moral damage
[Civil Code of the Russian Federation] [Chapter 8] [Article 151]
If moral harm (physical or moral suffering) is caused to a citizen by actions that violate his personal non-property rights or encroach on other non-material benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the duty of monetary compensation for the specified harm.
When determining the amount of compensation for non-pecuniary damage, the court takes into account the degree of guilt of the offender and other noteworthy circumstances. The court must also take into account the degree of physical and mental suffering associated with the individual characteristics of the person harmed.
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Could you
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No problem. Send your
No problem. Send your email address to my mailbox, the address in the "about us" section, I will send it to you.
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Good day,
Good day, please tell me if the store has the right to conduct covert video filming in the goods unloading area, and then show the recording to my superiors?
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Hello, no it doesn't.
Hello, no it doesn't. Unauthorized covert filming is prohibited by law. And depending on the consequences, it falls under the action of articles of either the administrative or criminal code.
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Good afternoon I really want
Good afternoon I really want an answer to the following question:
A video and photo shooting was made at the police station of a suspect in the crime. The shooting was carried out by a reporter, the suspect did not give consent to the shooting. The suspect was misled into thinking he was giving a statement to the police. Later, these materials were posted on websites on the Internet, on VKontakte and YouTube. After contacting the distributors of the photo, a response was received with the wording that the materials were obtained from the press service of the Ministry of Internal Affairs and everything is legal, there is some kind of law allowing the publication of such videos and photos ... What to do in this situation? Is there any way to get the content removed and the distributors held accountable? I really need your answer, your advice!
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To begin with, I'll give you an extract.
To begin with, I'll give you an extract.
Code of Criminal Procedure allows the investigator to take photographs of physical evidence (Article 82), as well as attach photo and video documents to the criminal case, which can be examined when familiarizing with this case, as well as in court. In the production of an investigative action, in accordance with Art. 166 of the Code of Criminal Procedure, audio recording, photo and video filming can be used, this is noted in the protocol. When examining (art. 179), that is, examining someone's body, Filming can be carried out only with the consent of the person being examined. Unidentified corpses are subject to mandatory photography (Article 178 of the Code of Criminal Procedure).
At the same time, information obtained during covert operational-search activities, in accordance with Art. 12 of the law on the investigative activity, constitutes a state secret, it is processed and declassified in accordance with the law "On state secrets". Materials of the criminal case, in accordance with Art. 161 of the Code of Criminal Procedure, constitute a “secret of the investigation” and can be made public only with the permission of the investigator or interrogating officer, to the extent indicated by them. Information obtained in the course of open operational-search activities in criminal cases is also protected.
“The secret of the investigation” is protected only until its completion, after which the investigator has no right to prohibit disclosure of information. (An exception is situations when the materials of the investigation constitute a state or other secret protected by law). Go ahead.
Article 152.1 of the Civil Code, which provides for the protection of the image of a citizen, does not prohibit the receipt of such images, it can be violated only after their unauthorized disclosure and further use, that is, after it has become available to an unlimited number of people without the consent of the person depicted in the photograph.
As I understand it, the suspect (mind you, not the accused!) did not give consent to the disclosure of data and his image. The materials were obtained by misleading a person. In other words, by deception.
Code of Professional Ethics for a Russian Journalist
In the performance of his professional duties, a journalist does not resort to illegal and indecent ways to obtain information. The journalist recognizes and respects the right of individuals and legal entities not to provide information and not to answer questions asked by them- except in cases where the obligation to provide information is stipulated by law.
The journalist adheres to the principle that any person is innocent until proven otherwise by a court. In his reports, he refrains from naming relatives and friends of those people who have been accused or convicted of the crimes they have committed, except in cases where this is necessary for an objective presentation of the issue. It also refrains from naming the victim of the crime and from publishing materials leading to the identification of the victim. These norms are enforced with particular strictness when a journalistic message may affect the interests of minors.
A journalist distributes and comments only on information that he is convinced of and the source of which he is well aware of. He makes every effort to avoid harming anyone by its incompleteness or inaccuracy, the deliberate concealment of publicly significant information or the dissemination of knowingly false information.
A journalist is always obliged to act on the basis of the principles of professional ethics fixed in this Code, the adoption, approval and observance of which is an indispensable condition for his membership in the Union of Journalists of Russia.
As you can see, there is a whole list of committed violations. Contact site administrators with a request to remove illegally posted materials. In addition, with a statement to the prosecutor's office regarding the illegal disclosure of materials obtained by fraudulent means. And to the management of the reporter who illegally posted materials in the public domain. Not only that, he violated the code of professional ethics of a journalist. He also illegally published the materials before the end of the investigation and thereby tried to create public opinion without really knowing whether this person was guilty or not. I repeat, he is only a suspect!
This article details the use of photography without consent and everything you need to know about it. Nowadays, everyone has the opportunity to take a picture. Personal photos of people flooded the Internet. Now almost any person can be found on social networks and view his image. Many people, especially scammers, have the opportunity to use a personal photo of a person for their own personal interests. But is such an act a crime and will it be subject to any punishment. This question cannot be answered unequivocally, because some images are private property, lives, others are copyrighted.
Legislative regulation
The personal image of a citizen of the Russian Federation will be subject to constant protection by the state. Their use is prohibited by article 152.2 of the civil code. In accordance with it, the use of someone else's image, including photos, is prohibited with the exception of certain cases. These include:
- If the photo is used by government agencies in the public interest;
- If the photo was taken in a public place during, for example, a holiday, only if the person is not highlighted in the general photo;
- If the image of a person was made for a fee, and the citizen was aware of his actions.
All used images, according to the court decision, must be destroyed, without compensation to the publisher. If these photos were used on the Internet, they must be deleted immediately.
In addition, the image may have exclusive rights. In this case, the offense of publishing the image falls under Articles 1229, 1223 of the Civil Code of the Russian Federation. According to them, several people can be the owners of the photo. The photo must meet the requirements established by the Civil Code of the Russian Federation. Only the right holders can manage them. They have the right to provide the use of the result of their activities for a certain period for a fee or free of charge.
In addition, the owner of the photo may have the appropriate copyright, which is regulated by the civil code article 1259. In accordance with it, a list of objects for which you can have copyright is defined. For their violation, real punishment is provided in accordance with Article 146 of the Criminal Code.
In accordance with Article 1274 of the Civil Code, it is not a violation of copyright, a violation of the rules for using a photo, a violation of exclusive rights to create a caricature and a parody of an image.
Criminal prosecution for using someone else's photo
Using someone else's photo falls under criminal prosecution in accordance with article 137. For such a crime, the attacker will suffer the following penalties:
- Recovery in the form of a fine, deprivation of wages - 200 thousand rubles, a year and a half, respectively;
- Compulsory, corrective, forced labor - 360 hours, 1, 2 years + (Deprivation of the right to hold a position for 3 years);
- Arrest, imprisonment - 4 months, 2 years + (Deprivation of the right to hold office for 3 years).
If the distribution and use of the photo was committed by an official, then the following punishment may be imposed on him:
- Fine, deprivation of wages - 300 thousand rubles, 2 years, respectively + (Deprivation of the right to hold a position for 5 years);
- Forced labor - 4 years + (deprivation of office for 5 years);
- Imprisonment, arrest - 4 years, half a year respectively + (deprivation of office for 5 years).
If the distribution of the photo is committed publicly or in the media, in relation to a minor, then the offender will suffer a heavier punishment.
- Fine, deprivation of wages - 350 thousand rubles, a year and a half, respectively;
- Deprivation of the right to hold office for five years;
- Forced labor - 5 years + (Deprivation of the right to a position for six years);
- Imprisonment, arrest - 5 years, half a year + (Deprivation of the right to hold office 6 years).
The measures of punishment indicated in brackets are assigned in addition to the main punishment indicated without brackets and are appointed by a court decision.
In addition, using someone else's photo may violate copyright. For such a crime, criminal liability is also provided for under article 146. In accordance with it, an attacker who made public or used someone else's photo, thereby violating copyright, will be punished:
- Fine, deprivation of wages - 200 thousand rubles, a year and a half;
- Compulsory, executive, forced labor - 480 hours and 2 years, respectively;
- Imprisonment - 2 years.
If a person appropriated a photo for himself, saying that he took it, then the court can punish him as follows:
- Fine, deprivation of wages - 200 thousand rubles, a year and a half, respectively;
- Compulsory, corrective labor - 480 hours, 1 year, respectively;
- Arrested for six months.
In this article, you learned about the use of photography without consent. If you have any questions and problems that require the participation of lawyers, then you can seek help from the specialists of the information and legal portal "Sherlock". Just leave on our site.
Editor: Igor Reshetov
In the current times of advanced technologies, there is no person who is not immortalized in photo and video materials. Citizens capture personal memorable events through video filming, filming in music videos and films. If video filming is done on a voluntary basis, this process is pleasant and exciting. But citizens find themselves under the guns of cameras and not of their own free will.
It happens that a person gets into the frame without wanting it, and in some cases does not even suspect about video filming. Most often this happens in public places. The law states that claims against the operator will not be substantiated on the basis of Article 29 of the Constitution of the Russian Federation. In accordance with this article, a citizen has the right to use any means for the extraction and production of information. In particular, he is allowed to shoot any materials in public places. The law does not allow directly impeding the process of filming, threatening the operator and, moreover, taking physical action on him.
Video filming of officials
Police, military, officials are categorically against video filming. By law, they do not have the right to such a ban. Officials who are on duty can be photographed and filmed without hindrance.
According to Article 3 of the Federal Law of the Russian Federation "On Combating Corruption", adopted on December 25, 2008 N 273-FZ, that within the framework of the anti-corruption campaign, the activities of state and district management organizations should be transparent and open. The law states that an official who prevents video filming will be held administratively liable. If by means of video filming the malfeasance of this employee was captured (for example, receiving or giving a bribe) or in any other way violated the law, his opposition to the operator in the future will be regarded as interfering with the investigation.
The law provides for the power of citizens to personally monitor the quality of work and the integrity of officials. Anyone by law has the absolute right to videotape government officials, federal officials, party members and officials while they are on duty. A citizen can act in this way both in personal and in public interests. The legal right is sealed by paragraph 3 of the Decree of the President of the Russian Federation of December 31, 1993 No. 2234, which has not lost its relevance in our time.
Law on Video Filming of Individuals
As mentioned above, the Constitution of the Russian Federation does not prohibit video filming of any person, even without his personal consent, if the video filming was made in a public place. The Civil Code similarly protects the rights to collect this kind of information.
Both professional and amateur video filming is allowed in public places. Journalists and ordinary citizens have the right to organize video filming. Photos or videos of a person taken in a place of public transmission cannot be regarded by law as an infringement on the secrets of a citizen's private life. The person who received and published such materials cannot be held liable, even if they really want to harm the reputation of the citizen filmed on the video.
Video recording of children under 14 is subject to the same laws. It is possible to photograph and film a child, but there is a risk of misunderstanding on the part of parents. A minor citizen can give independent consent to video and photo shoots only from the age of 14.
The law banning video filming in museums, theaters and concerts is nothing more than a myth. Photographing people in front of copyrighted works of art is acceptable if the work in question is not the primary purpose of the photograph. By making a video recording of a full concert or performance and its participants for personal non-commercial purposes, a citizen, from the point of view of the law, does not risk anything.
When does the ban apply?
On December 18, 2006, Federal Law N 230-FZ introduced Art. 152.1 "pictures of a person". According to the text of the article, the law prohibits the personal or commercial use of the video in the absence of written permission from the citizens appearing in it.
The Non-Consent Video Recording Act does not apply to video that:
- was created in the interests of the state;
- is part of the news block;
- the specified citizen is not the main purpose of the video filming, his face got into the frame by accident;
- received at mass events such as a concert, strike, etc.;
- is material about police officers on duty.
There are a number of provisions that prohibit filming people and objects in the following locations:
- In court buildings, correctional institutions (Arbitration Procedure Code, art. 11, part 7);
- At meetings of the State Duma, if they are not open;
- At military and other strategic facilities;
- At customs and border service points within 5 km from the border, according to the order of the Russian Federation of September 10, 2002.
Filming in these places can be carried out only with the permission of authorized persons.
Punishment
The law does not provide for punishment for video filming in public places. According to the Constitution of the Russian Federation, a citizen who collects video materials in places open for public use does not intrude into the private lives of other citizens.
However, if the received video defames, humiliates or insults the person appearing in it in some way, this citizen has the right to demand that the video be removed from public access. In some cases, when it is possible to prove the intentional collection of information about a particular person for the purpose of discrediting, it is possible to bring the initiator to criminal liability under Article 138 of the Criminal Code of the Russian Federation. To do this, you need to apply with a statement to the local police station.
Read the latest edition for more information on this issue.
A high-quality photo / video camera is now built into almost every phone. Video filming has become a part of Russian life, including public life. And the more people and objects get into the frame, the higher the risk that the photographer will be contacted with a claim. So that you are prepared for any situation, we will take a detailed look in this publication when shooting without consent is allowed, in what cases it is possible to publish photos on the network and what images lead to the fact that a photo is banned from sale.
What can be considered illegal filming
The question of “the legality of the acts committed” inevitably comes to everyone who decides to take up photography. And most often, proposals to turn off the camera come from people who do not know for sure the legitimacy of their own actions. However, the law clearly defines situations in which it is prohibited to film a person without their consent. Accordingly, if the situation does not fall under the case of a ban, absolutely everything can be filmed.
The above statement is supported by Article 29 of the Constitution of the Russian Federation. According to the Basic Law, every citizen has the right to receive and disseminate information in any form by any means. Video and photography are part of the collection of information. And your right to collect information in this way is protected by law.
The Law on Information also enshrines the right of a citizen to freely film where it is not prohibited. Article 7 of the Law defines the concept of “information”, i.e. shooting objects. According to it, information to which there is no restriction on access is classified as publicly available. Accordingly, each person can use this data at their own discretion.
A reasonable question arises: what to do if you are told that shooting is not allowed? The answer is also contained in the Law on Information. Article 9 of the Law determines that filming restrictions are set at the federal level. Those. the personal initiative of a private or legal person is not prohibited.
Liability for attempting to interfere with lawful filming
Shooting in public places is allowed always and everywhere, regardless of the time of day or season. Restrictions are allowed only at the level of the Federal Law. Accordingly, any prohibitions established at the local level fall under the article “arbitrariness”.
If attempts to interfere with filming in a public place occur with the use of physical force, this falls under Article 330 of the Criminal Code. Law enforcement officers who try to illegally interrupt filming are liable in accordance with Article 203 and Article 286 of the Criminal Code for exceeding official powers.
Often, a person with a camera is put under pressure to remove the footage. This falls under Article 1252 of the Civil Code and is regarded as a gross violation of copyright.
An attempt to take away a memory card or a camera is considered as article 161 of the Criminal Code - “robbery”, i.e. an attempt to openly take possession of another's property.
The most “harmless” attempt from the standpoint of the law to interfere with the shooting is to close the frame with the body. But even for this, a person may be held administratively liable under Art. "petty mischief".
Filming with a hidden camera without consent: filming without warning and punishment for hidden video / photo shooting
Covert shooting devices are prohibited in Russia. There were precedents when people were held administratively liable not only for the fact that a private person was filmed without his consent, but also for buying Chinese video cameras disguised as lighters and fountain pens. But it is important to distinguish between "covert shooting devices" and "unwarned shooting".
Important: If you knowingly glued the LEDs on the camera, and on the video you assure that you are not shooting, these are signs of the creation of a covert shooting device. At the same time, if you have a camera hanging around your neck and you simply did not warn the respondent that he was filming at the moment, this is not prohibited.
But the punishment for filming without consent may not occur, even if the respondent was sure that the camera was turned off. To do this, before publishing, you need to change the voice and apply a blur effect to the video. Then the participant simply will not be able to prove in court that it is he who is in the video. This is exactly what journalists do when preparing television investigations.
What will happen for video and photography of people without their permission
Photography in public places is allowed. But it is inevitably associated with getting into the frame of additional participants in the action in the form of random passers-by. The Civil Code (Article 152.1) protects the right of people not to be depicted in images. However, the Civil Code does not impose filming bans. This article requires the author of the image only restrictions on the distribution of materials. Those. You can publish photos only with the consent of the participants in the shooting.
In order for a person to demand restrictions on the distribution of photographs with his participation, it will be necessary to prove that he is the central figure in the composition.
For example: if the central figure of the photo is a monument, then there is no need to ask the consent of the tourists caught in the frame to publish the photo. If a person is located in the image in focus and in portrait mode, he is the central figure and his permission is required.
Important: This rule does not apply to civil servants on duty. Police, ambulance, fire service, security personnel, etc. Shooting on video without the consent of an individual in this case is fully allowed if the employees are on duty.
Responsibility for illegal filming of children and without parental consent
If the child is not the centerpiece of the frame, permission to film is not required. If you plan to talk to a child on camera, conduct a video survey on the street, etc., then such filming of minors without parental consent is unacceptable.
According to the law, a child can only consent to being photographed if he or she is 14 years old. Before reaching this age, permission to shoot is provided by a parent, guardian or responsible person (for example, a teacher if the child is a schoolchild or a teacher if the action takes place in a kindergarten).
It is forbidden to record interviews with children or conduct portrait photo shoots without parental consent, and then publish them later.
Important: As in other cases, the prohibitions apply to the further use of materials, and not to the taking of photographs (according to Article 152.1 of the Civil Code of the Russian Federation). In public places, shooting is allowed in any form.
Filming without consent on private property and in public places
Filming on private property without permission from the owner is prohibited. The inviolability of property is guaranteed by the fundamental law and Article 29 of the Civil Code. According to the article, the owner of the property has the right to dispose of it at his own discretion, incl. allow and prohibit video filming of property.
But this article is often used by owners of shops, retail outlets and restaurants. That is why at the entrances to such establishments we see the warning “illegal filming is prohibited”.
In this case, there is a direct violation of the law, because. public institutions are equated to public places, respectively, an unauthorized ban on filming and an obstacle to it leads to the legal consequences described above.
Important: If you are prohibited from taking photographs or filming videos in a service establishment, you should refer to the Consumer Protection Act. According to him, it is the responsibility of the staff to provide the most complete information about the product provided. And the consumer, in turn, has the right to record this information in any convenient form (including video and photos).
Moreover, Article 16 of this law determines that there can be no restrictions on photography and video filming, and only state institutions have the right to restrict it. A call to the police by staff will qualify as a “false call”.
An attempt to ban filming on the grounds of trade secrets is also doomed to failure. After all, the Law on Trade Secrets clearly defines the signs of information falling under this concept - according to the Law, only information with restricted access can be a trade secret. If the owner has not deliberately restricted access to information, then it cannot be recognized as a secret.
Many people prefer to purchase high-quality photographic equipment used to photograph various sights, relatives and even strangers. Often such actions cause a negative reaction from other citizens. Therefore, every photographer should figure out whether it is possible to photograph a person without his consent. It also takes into account which places it is not allowed to photograph at all, where it is allowed to use a photo and what are the consequences of violating the law.
Basic Rules
The legislation of the Russian Federation has Art. 152.1 of the Civil Code, which refers to the protection of photographs of a citizen. It specifies all the rules related to the creation of a photo. The law, which prohibits photographing people without their consent, indicates that in order to take a photo, you must first obtain permission from the model. Although some points in this legislative act are considered not too unambiguous.
The Law on Photographing People Without Their Consent states that these photos may not be made public or used for any purpose without the permission of the people in the image. If the model dies, then consent must be obtained from his heirs represented by parents, spouses or children. In this case, is it allowed to photograph a person without his consent? Taking photos is allowed, but it is not allowed to use them for distribution or other purposes.
When is the law broken?
The law prohibiting photographing people without their consent will be violated in situations:
- The photographer publishes the images, so they can be accessed by unauthorized persons in unlimited quantities. According to the decision of the Supreme Court No. 25, disclosure is represented by actions that involve the provision of access to a photo by publishing it in various public sources, for example, in the media or the Internet.
- Use of photos for other purposes. For example, they may be reproduced or sold, displayed at public events, or recycled. Even importing originals or duplicating them are all actions that require consent from the people in the image.
In all of the above situations, permission from the model is required. Many citizens are sure that it is impossible to photograph people without their consent. Article 152.1 of the Civil Code indicates only that it is not allowed only to use these images.
In what situations can images be used without consent?
Filming a person without their consent is a permitted activity in most cases. However, there are even some cases when you can use the resulting images. These exceptions come in three varieties.
All these situations are prescribed in Art. 152.1 of the Civil Code.
Photos are used in the interests of the state or society
When answering the question of whether a person can be photographed without his consent, you can confidently answer in the affirmative. However, these images must be used with care. If the photo shows a public figure represented by the President, a famous politician or a singer, then such photos can be distributed without fear that the photographer will be held accountable. This does not require the consent of a public person.
This is due to the fact that such citizens are significant figures for society and history as a whole, therefore they must be tolerant of interest in their person from other citizens. Therefore, their photos can be published in different sources.
Additionally, photographing people without consent is allowed if it is in the public interest, for example:
- the need for citizens to detect or disclose the threat posed to democracy;
- prevention of danger to the public or the environment;
- solving various crimes.
It is necessary to correctly distinguish between images that may be useful to society and those that do not carry any important information to the state and citizens.
Why can't people be photographed without their consent? This is due to the fact that the privacy of people is violated. Even in relation to public figures, it is allowed to make images of them in the course of their work, but personal life must remain inviolable. Persons who are not engaged in public activities should not be specifically photographed for the purpose of using the image for profit or distribution for other purposes.
The photographs were obtained as a result of shooting public places
Usually, images of various events and sights are taken, which leads to the fact that other people are inadvertently captured in these photos. In this case, their rights are not violated. Without caution, you can take pictures of places:
- open to the public;
- various public events represented by concerts or competitions, congresses or exhibitions.
You can use such images for any purpose, even for distribution. But at the same time, it is not allowed for an outsider to be completely placed on the entire photograph. The exception is the situation when the photograph was taken intentionally, and a specific person was purposefully captured, which can be quite easily understood from the photo.
If mass pictures are taken, it is desirable to obtain the consent of at least one person. If he allows you to use this image for any purpose, then you do not need to take permission from others. An exception will be the situation when the picture contains data about the personal life of citizens.
A man specially posed for a certain reward
In such a situation, a person acts as a model, therefore, independently agrees to create an image and receive payment for it. To prevent future disagreements, it is recommended to take a receipt from him, which indicates the information:
- F. I. O. of the model;
- the amount that was paid to the person for posing;
- the date the photograph was taken and the funds paid;
- location of the photo session;
- Full name and other information about the photographer;
- model signature.
It is with the help of such a receipt that the photographer can protect himself in the future from various claims or even litigation.
If the photographs themselves act as a payment for the model, then these relations are also not free of charge, therefore, a receipt is again drawn up that the model has received payment in kind.
If the model is represented by a minor citizen, then the receipt is drawn up by his official guardians.
The man posted his photos on the Internet
In such a situation, he independently makes his images publicly available. Even in this case, unauthorized persons do not have the right to use these photographs for their own purposes without obtaining the consent of the owner.
An exception will be the situation if the photos are posted on sites whose rules state that all uploaded files can be used by the administration or other users for any purpose.
What form does the permission take?
Filming a person without their consent is prohibited for the purpose of disseminating images, unless it falls under the exceptions. At the same time, the photographer often needs to take a photo of a certain citizen. In this case, you will have to take his consent to this process. It may be presented orally or in writing.
Consent is represented by a certain transaction, and it is perfect if both parties behave in such a way that the expression of their will is clearly visible. An example would be when a person is being interviewed on camera. In this case, he verbally agrees to participate in the filming, so he will not be able to create obstacles in the future for the use of this video.
It is forbidden to take pictures of people without their consent for further distribution of the photo, so many people take advantage of this situation. They may verbally allow their photos to be taken, but then file a lawsuit in order to recover a penalty from the photographer or achieve other goals. Therefore, it is desirable to form such consent in writing, since such a document will act as a means of protecting the photographer.
When compiling such a document, it is allowed to include various conditions in it, for example, it indicates how the images will be used, how they will be made public, and often even sets a period of time during which the photo can be used.
Shooting in public places
Is it possible to photograph a person without his consent if the photos are taken in various restaurants, hotels or other similar establishments? If the main goal is to capture the situation or different objects, and people only accidentally fall into the frame, then this is a legitimate activity on the part of the photographer.
The owners of different public establishments may set different rules that all visitors must follow, but they do not have the right to prohibit filming, as such prohibitions are against the law.
Taking a photo outdoors
It is possible to photograph a person without his consent if he accidentally enters the frame on the street during the shooting process. At the same time, the citizen himself should not be the central figure in the image, since otherwise he can prove that he was the main goal of the photographer.
If a person stands on the image with his back or side, and also does not perform any actions that are personal, then he will not be able to make a claim to the photographer.
Shooting objects of strategic importance
Such structures include military installations, the location of which should be secret for citizens of other countries. Their destruction or capture may affect the course of various military operations, therefore it is forbidden to distribute photographs depicting these structures. They can be counted:
- airfields or aviation bases;
- naval bases;
- warehouses intended for the storage of nuclear weapons;
- seaports;
- political objects of significant size and significant significance;
- large industrial centers;
- nodes of the power supply system.
People should not be photographed against the background of these objects, as this process is prohibited by law enforcement agencies.
Where can't shoot?
It is not allowed to take pictures of people in different institutions, which include:
- the State Duma, and each person who visits this organization should not bring with him any equipment with which you can take photos or videos;
- courts or correctional facilities;
- objects belonging to the customs service;
- on the territory or in buildings owned by Gosstroy, the Ministry of Fuel and Energy or Rostransnadzor;
- near the border of the country, as the permission of the head of the border department of the FSB is required for shooting.
For violation of these rules, the owner of the equipment can be held not only administrative, but even criminally liable, since the distribution of photographs taken by him can cause significant damage to the state or society.
Penalties for violations
Is it legal to photograph a person without their consent? This process is illegal on the part of the photographer if the shooting is not in a public place and in the future it is planned to distribute the pictures. The purposeful creation of a photo of a specific person, which will then be used on the Internet or in the media, is a violation of the law, therefore, different measures of responsibility may be applied to such a photographer.
If he does not use the received images for any purpose, then it will be impossible to make any claims against him. If they are used for distribution, sale or other purposes, then the person depicted in the picture can go to court. In the statement of claim, he indicates that harm was intentionally caused to his life or health, as well as personal property.
A photographer for such violations can be held not only administrative, but even criminally liable, as it violates the privacy of another citizen.
Various legal acts are used to hold accountable:
- Art. 137 of the Criminal Code. It describes the possibilities for violating a person's privacy. Therefore, if information about a person's private life is illegally collected or used for any purpose without his consent, this leads to a fine of 200 to 500 minimum wages. Such punishment may be replaced by the income of a citizen received within two or five months. Compulsory work is often assigned for a period of 120 to 180 hours. Additionally, correctional labor for up to 1 year may be applied. If there is evidence of a significant violation of human rights, an arrest for up to 4 months can be imposed at all. At the same time, the plaintiff will have to prove in court that the photographer really revealed his personal or family secret, distributed images without his consent, demonstrated them publicly or only to a limited circle of interested persons, and also use them for personal gain to obtain certain benefits.
- Art. 151 GK. It indicates the possibility to recover compensation for non-pecuniary damage from the photographer if the distribution of photos and shooting without the consent of the person is proved. The law of the Russian Federation takes into account that it is important to prove not only the presence of photos, but also their use for personal gain. The distribution of images can cause moral harm to citizens, so they are subjected to moral suffering. In this case, such damage is compensated by a monetary payment. When calculating this compensation, the degree of harm caused, the fault of the offender and other important circumstances are taken into account. The degree of human suffering is considered, for which its individual characteristics are studied.
- Art. 11.17 of the Code of Administrative Offenses. It describes the violation of the rules of human behavior on different modes of transport. If people take pictures on board an air or water transport, as well as in a railway train, then this is a punishable action, for which a fine of 100 rubles is imposed. Additionally, officials confiscate the photographs taken.
Thus, having figured out whether a person can be photographed without his consent or not, each photographer will responsibly approach the creation of different pictures. The need to obtain consent is taken into account if the citizen becomes the central figure in the picture. Making images is allowed, but using them for any purpose is prohibited. If the photos are stored in the family archive, then their owner will not be held liable in any way. If they are distributed in the media or the Internet, then this may become the basis for bringing a citizen even to criminal liability.
