Photographing in a public place issue

positivenote

I know that this has been discussed numerous times before at some length, but can someone please just clarify that it is legally permitted to photograph and video children in a public place and where online I could locate a document that clarifies this?
thanks and sorry about bringing up a question that has been addressed before

smash

Are you talking about your own children?

Effects

Just hide you camera in a bag and use a remote shutter trigger. Avoids any problems when photographing kids.

EyeBlinks

All the other (many!) threads that have detailed out what can and can't be photographed in public apply equally to children as well as adults. There are no separate provisions for children with the exception of local by-laws in certain Children's playgrounds etc.

However in practise you may encounter many more difficulties, from both guardians and gardai, without breaking any law.

AnCatDubh

positivenote wrote: »

I could locate a document that clarifies this?

This is always the nub. If you go through old threads you'll find the digital rights ireland stuff, and someone previously posted some helpful references to individual statutes.

But, it is thin on the ground and lots of the advice will be down to the 'understanding' without an actual legal opinion being expressed. Also there is scant legal case history that can be pointed to so it is almost always going to be 'grey' in its interpretation.

With that said, my understanding is that there is nothing to prevent you in a public place, where its not expressly prohibited (through by-laws), to photograph or video a person, minor or otherwise. There certainly are, in my understanding of it, limitations as to what you can subsequently do with the said images so for example, don't intend selling them to a global organisation for an advertising campaign as you'll most certainly find yourself on the wrong side of the law.

Even if the above were a true reflection, that doesn't mean that you wouldn't end up with some 20 stone gorilla sitting on top of you thumping your brains out for 'daring' to take a photograph which had their lovely in it either intentionally or unintentional.

As a parent I can understand the fears that the world brings with it albeit I recognise the irrational nature of such fears. As a photographer I can understand the desire to create images from a decisive moment. IMHO, There is not a happy medium between the two where the photographer is not known to the guardian of the minor. If the photographer seeks permission (aka, makes their intentions known to the guardian) then perhaps common ground can be found. As a society, we are being more and more driven to our rights or perceived rights which may or may not include the right to be photographed in a public place. Perception can become reality.

Think of the 20 stone gorilla that may be sitting on you thumping out your brains.

Wile E. Coyote

Effects wrote: »

Just hide you camera in a bag and use a remote shutter trigger. Avoids any problems when photographing kids.

That sounds just a little creepy...

Paulw

You won't find laws that make things legal, only laws and bylaws that make things illegal.

There is no law forbidding photographing people in a public space, aside from some local parks which have bylaws.

positivenote

thank you one and all...
note to mods: this thread can now be closed as it has been exhaustedly discussed elsewhere and i just needed a quick clarification, which I have recieved and I dont want this to develope into a debate that has been discussed before.
thanks