The Right To Photograph

Violinist, Nancy Dinovo, cries while playing during a service at Christ Church Cathedral in downtown Vancouver for the September 11 victims of terrorist attacks in the United States.

A lot of things changed on Sept. 11, 2001.  The world changed that day, and not for the better.  Many pundits, politicians, and others, much smarter than me, have talked about the reasons and effects of that day over 9 years ago.  However, one of the most lasting results, on me, has been that it has become increasingly difficult to take photographs in public places.  After 9/11 many government agencies around the world used the attacks from that awful day as an excuse to illegally ban photography.

In Canada, photography and freedom of the press are protected by The Charter of Rights and Freedoms.  It states specifically:

FUNDAMENTAL FREEDOMS.

Sec. 2.  Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

(c) freedom of peaceful assembly; and

(d) freedom of association.

These freedoms are deemed to be so important that they are titled Fundamental Freedoms and are the first ones outlined in the charter.  The laws, and rights of photographers, in the U.S.A. are outlined here.

More after the jump...

As well as being a photographer, I also teach.  A while ago one of my photojournalism students was working on a story about Vancouver's transit.  In the course of photographing in various skytrain stations, he was stopped numerous times by the transit police and told he was not allowed to take photographs.  This despite the fact that there is no ban on photography.  When I called Translink to clarify the issue, I was told by their Director of Communications that there is no prohibition of photography, but they prefer people to ask for permission.  When I asked why someone might need permission to do something that was permitted, he refused to answer.  So, I asked again if photography was allowed, and he said yes but we like people to ask for permission.  Our conversation continued in this circular fashion until the exercise grew old.  My conclusion, based on anecdotal evidence and my conversation with Translink, is that while there is absolutely no ban on photography, and it is permitted, you can fully expect to be stopped and detained by Vancouver Transit Police for doing just that, especially if you are using a D.S.L.R. camera.   It seems that terrorists only use D.S.L.R. cameras, and not small point and shoot ones, feeling no need to be discreet or covert.

Protecting the rights of photographers to be able to take pictures freely is as fundamental as the right to vote.  This post was inspired by a recent article in The New York Times.  Perhaps, this could lead to some semblance of reason returning to the dialogue about photography in public.  I sure hope so, because, I'm a photographer, not a terrorist.