All,
This is a compiled item from recent pieces in the forum that I have added to the FAQ. Hope this is useful. Thanks to all who reminded me where the material was.
WB
- Look at this URL - http://www.dvdoctor.net/cgi-bin/ubb/Forum29/HTML/000015.html
Read Below:
You really need to be more specific about WHY you will be filming an individual.
If you are talking about covert filming...then you are likely to be breaking the law* UNLESS you can prove it's in the publics' interest (and even then you risk the "charge" of entrapment).
* European Convention of Human Rights 1998
(adopted in UK October 2000)
Article 8 The Protection of Private & Family Life
****
Incidental capturing of an individual on video is not quite the same. However, if you were to broadcast images, of say, an illegal action taking place - then an innocent bystander could SUE YOU for deformation of character...
The law is complex. AND it can be impossible to give black and white advice...simply because E.C.H.R. law has not - as yet - been tested in court...so no precedents have been set...
If you are videoing for commercial reasons then a basic contractual Release Form would be the best way to protect yourself from action at a later date.
As a former journalist I can tell you the whole area of privacy is a minefield. There's still a common belief amongst photographers that as long as you are in a public place then everything is OK. It's not that simple! However, journalists tend to rely on things being "in the public interest" and always have a lawyer to hand IF things get heavy!
Dave C
ps The debate continues...take a look at this National Union of Journalists' webpage: www.gn.apc.org/media/9803hoc.html
For general info on filming in public places I recommend: www.filmoffice.co.uk
[This message has been edited by Dave Currie (edited 28 June 2001).]
[This message has been edited by wacky.banana (edited 30 June 2001).]