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Miha Jan Strehovec 5Xatf Syisk Unsplash
CREDIT: Miha Jan Strehovec

Response to Home Office guidance on photography in public

Following recently published Home Office material, the RPS has issued a statement clarifying the legal position on photography in public places.

The Royal Photographic Society believes recently published Home Office material risks creating confusion about photography in public places. It suggests that people should not photograph or film others without their permission, including in public spaces.

The legal position on photography in public places has not changed. There is no general requirement in the UK to obtain permission before photographing people in a public place. RPS members should continue to follow established guidance and responsible photographic practice.

There are exceptions and circumstances in which photography may be restricted by law, or where an individual may have a reasonable expectation of privacy. Photographers should also consider how images of identifiable people are subsequently used, especially where their use could imply endorsement or raise concerns about commercial exploitation. Particular care should be taken when photographing children and vulnerable people, with consideration given to consent, safeguarding, privacy and the potential impact of making or sharing an image.

Photography in public spaces has an important role in documenting everyday life, enabling creative expression, supporting journalism and contributing to our understanding of society.

Freedom to photograph carries responsibilities. Photographers should consider the rights, dignity and wellbeing of the people they photograph, and recognise that what is legally permissible may not always be appropriate.

Clear and accurate public information about photography is important. The RPS supports calls for the Home Office material to be reviewed so that it accurately reflects the law while encouraging respectful and responsible photographic practice.