How to Avoid an Invasion of Privacy Charge

The distinction between journalism that creates liability for invasion of privacy, and journalism that is protected by state law and the First Amendment is often unclear. The best protection against an invasion of privacy suit is knowledge of the invasion of privacy law in the jurisdiction in which you work. Follow the steps to avoid an invasion of privacy charge.

Instructions

Difficulty: Moderately Easy

1. Understand that you must get consent for photographs taken in private places. A photographer faces no legal repercussions for taking pictures of what may be seen by onlookers.
2. Question the intended context of the pictures, even if the individuals are photographed in public. Consider the implied relationship between a story and picture placement. Avoid innuendo when you put pictures of people close to stories about controversial issues. Exercise caution when you utilize a photograph to illustrate negative stories or use file footage.
3. Realize that consent must be obtained from someone who is legally able to give it if consent is required. Children and the mentally disabled cannot authorize photography. A tenant may not authorize photographs of parts of a building unless he rents in that building.
4. Remember that consent to enter a home is not necessarily consent to photograph the home. Exceeding consent may be treated by the court as if you didn't receive any consent at all.
5. Obtain written consent. It carries far more weight in court than getting verbal permission. A subject may not bar publication of a photograph by withdrawing consent after giving prior consent. Journalists may not use prior consent as a defense if the subject files suit and consent was not obtained. Be aware that in some states, commercial use of photographs requires prior written consent.
6. Note that journalists who have permission to accompany police officers who legally enter private property could be sued for invasion of privacy. Authorities in most states may refuse photographers access to disaster areas and crime scenes.
7. Understand the difference between public and private. Private persons have more right to privacy than do public figures, public officials and individuals who take part in events of public interest.
8. Find out the law. In some states, audio taping people or using hidden cameras without gaining prior consent may lead to civil or criminal penalties.
9. Realize that intrusion could occur as soon as an image is taken. Understand that photographs may intrude upon a person's privacy without being published.

Tips & Warnings

• You can make subjects unidentifiable with photographic manipulation.
• State aws governing privacy are often vague. Privacy laws can differ greatly from one jurisdiction to another. When in doubt about a situation, call a media lawyer to assess risk.