Can I Take Photos in a Public Place?  

In Short

• Photography is generally allowed in public places in Australia, but privacy laws must still be considered.

• Be aware of venue-specific rules and restrictions on photography, especially in private spaces or at ticketed events.

• Commercial photographers must obtain necessary permissions and ensure intellectual property rights are clear.

Tips for Businesses
Before photographing in public or private spaces, research any venue-specific photography policies and comply with privacy laws. In ticketed events or commercial settings, ensure you have the required permissions and clear intellectual property rights. Be respectful of signage and local regulations, especially in places with cultural or sacred significance.

Summarise with: ChatGPT Perplexity Microsoft Copilot

---

Table of Contents

• The Baseline: Taking Photos in Public Places
• Photographing Private Property From Public Spaces 
• General Privacy Laws Should Be Considered
• Understanding the Distinction Between Public and Private Spaces
• Commercial Photography
• Key Takeaways
• Frequently Asked Questions

In today’s digital age, smartphones equipped with high-resolution cameras have transformed nearly everyone into potential photographers. With the ability to capture and instantly share quality images at our fingertips, the line between amateur and professional photography has blurred. This technological revolution has sparked a surge in street photography, event documentation, and spontaneous snapshots of daily life. However, the ease of taking and sharing photos raises important legal and ethical questions. When does capturing a moment in public cross legal or privacy boundaries? What are your rights and responsibilities as an impromptu photographer? This article outlines the key considerations to keep in mind before sharing your latest snaps.

The Baseline: Taking Photos in Public Places

Generally speaking, it is acceptable to take photographs in a public place in Australia without seeking permission. Australia has no comprehensive right to privacy and generally permits photography in public places. As Justice John Dowd stated in R v Sotheren (2001), “A person, in our society, does not have a right not to be photographed.” This principle forms the foundation for public photography laws in Australia. However, there are still some exceptions to this baseline rule, which we discuss below. 

Photographing Private Property From Public Spaces 

(For example, photographs taken from the street of a privately-owned building).

While no explicit restrictions exist on photographing private property from public areas, caution is advisable. Under the law, liability for nuisance or interference with a person’s right to use and enjoy their land may arise. Excessive “snooping” into private property can potentially infringe upon an individual’s right to peaceful enjoyment. 

General Privacy Laws Should Be Considered

While photography in public places is generally permissible, Australian law prohibits gross invasions of privacy. Each state and territory has its own legislation addressing privacy concerns. For example, it is a criminal offense to photograph someone without consent while engaging in a “private act” where there is a reasonable expectation of privacy. 

Understanding the Distinction Between Public and Private Spaces

The classification of spaces as public or private is crucial for photographers to understand. Contrary to common misconceptions, the presence of a large crowd does not necessarily indicate a public space. For instance, a stadium hosting a ticketed sporting event is legally considered a private venue, despite accommodating thousands of spectators. By purchasing a ticket, attendees implicitly agree to the venue’s terms and conditions, which may include restrictions on photography. These limitations can range from prohibiting professional camera equipment to banning all forms of image capture.

In contrast, genuine public spaces such as municipal parks, city streets, and public squares generally allow photography without such restrictions. However, even in these areas, photographers should remain mindful of specific local regulations that may apply. The key distinction lies not in the number of people present but in the ownership and management of the space and any contractual agreements entered into by visitors. For example, a seemingly public place in a National Park may have specific restrictions on photography if it is classified and protected as a sacred Aboriginal site or landmark 

Commercial Photography

Commercial photography also often faces stricter regulations than photos taken for personal use. When capturing images for advertising campaigns, events, or commercial purposes, obtaining the necessary permission or ensuring the required forms are completed is crucial. These forms typically include:

• the assignment of intellectual property rights; and
• the specified purposes for image use, including commercial applications.

Commercial photographers should also be aware of specific terms of entry for private properties, public institutions, museums, or areas under local council jurisdiction, as these may impose additional restrictions or requirements. 

Guide to Protecting Your Brand

Your business’ brand represents your values, identity and reputation. Learn how to create a successful brand and protect it.

Download Now

Key Takeaways

While the general rule is that your average, everyday photographer is permitted to take photos in public places, photographers should:

• research venue-specific policies before attending events;
• be prepared to comply with photography restrictions in private spaces;
• always comply with privacy laws; 
• respect signage indicating photography limitations, even in public spaces; and
• understand that purchasing a ticket may limit certain rights typically available in public areas

By recognising these nuances, both amateurs and professional photographers can navigate the legal landscape more effectively and avoid potential conflicts or legal issues.

If you need more clarity on whether you can take photos in a public space, our experienced IP lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 1300 544 755 or visit our membership page. 

Frequently Asked Questions

Can I take photos in a public place in Australia?
Yes, generally speaking, photography is permitted in public places in Australia. However, being mindful of privacy laws and specific restrictions in certain areas or events is important.

Are there any restrictions on photographing private property from public spaces?
While photographing private property from public spaces is generally allowed, excessive “snooping” or interference with someone’s use of their land could lead to legal issues.