What are the rules on photographing people in the street in France?
Two American tourists
have filed a complaint with Paris police
, saying that they were attacked with mini Eiffel Towers when they attempted to film some of the capital's unlicensed street vendors. The case followers that of a Czech influencer who says he was threatened when he filmed scammers on the street.
We should emphasise that physical attacks or even threats are very rare, and these cases are the exception rather than the rule.
That said, France does have strict privacy laws which cover street filming, as well as a culture which is more inclined to individual privacy - even when you are in a public space like the street.
CCTV, drones and doorbells - France's privacy laws explained
Here's what the law says;
France's privacy law introduces the concept of the
droit à l'image
- or the right to your own image - and states that everybody has a basic right not to have images of themselves published against their will. This includes photos or film that are taken in a public space such as on the street or in a park.
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For ordinary members of the public, general consent is required, unless the publication is in the public interest or if the person is pictured or filmed as part of a large crowd, for example at a demonstration.
For minors under the age of 18, taking and publishing photos is subject to strict rules and typically parental authorisation.
It's also worth noting that 'publishing' includes putting pictures on social media, or streaming video onto social media or channels like YouTube.
The
droit à l'image
gets a little trickier when it is applied to public figures such as politicians or celebrities – essentially, it is broken down again into this idea of public v private space.
When it comes to photos taken in a private space, the photographer usually requires the consent of their subjects when they can be identified. France's penal code states that taking or publishing a photo of somebody, taken in a private place without their consent, is punishable by up to a year in prison and a €45,000 fine.
It is worth noting that a car is considered a private space, which is why a French court ordered Closer magazine to pay damages to actress Julie Gayet, after publishing a photo of her allegedly on her way to meet then-president François Hollande, with whom she was having an affair.
Photographing versus publishing
The law is clear that consent is required to take photos or film in a private space. However when it comes to the public sphere the rules are more concerned with publication of the photos or film - although as noted that does include posting them on social media.
Photography or filming is therefore not specifically illegal, but because of the strictness of the laws, French people do have a greater expectation of privacy and openly filming or photographing someone without their consent is considered unacceptable.
But that doesn't mean that tourists can't take photos in public - as evidenced by a trip to hotspots like the Eiffel Tower or Mont Saint Michel - it's just a question of balance. Naturally if you're taking a photo of a crowded public space then there will be people in the background, but you should try to avoid photographing or filming people in close up, unless they agree.
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You might also see some people in tourist areas who have signs up specifically prohibiting filming - for example street artists or stallholders at a market. If you see someone you particularly want to photograph or film - perhaps an especially talented busker - then it's polite to ask them first.
If people ask you to stop photographing or filming them, then it's courteous to respect their wishes.
This is also the sensible course of action if the person in question is doing something illegal - many of the street vendors selling souvenirs in areas such as the Eiffel Tower are unlicensed, so they will be unlikely to welcome being filmed. Some are also
sans papiers
(undocumented immigrants) so are likely to be worried about being filmed or photographed.
France does not have a tradition of vigilante justice - if you see something that you think is illegal, it's best to report it to the police and let them deal with it.
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