Recently, mediocre singer (but excellent future infomercial host) Michael Buble got in hot water for posting a pic he snagged of a woman in shorty shorts. And some were offended when Neil Patrick Harris took a break from being a horrible Oscars host to expose the unusual behavior of this New York City subway rider:
For some, this issue is very simple: It’s wrong to take pictures of people without their permission. I’ll admit that stance is clear and straightforward, but I also don’t find it compelling. No one disputes that drilling a hole in a dressing room wall to snap pics is wrong. Everyone agrees using a telephoto lens to take shower pics of your neighbor can’t be defended.
But when you’re out in the world, can you really expect that no one will take your picture? You’re putting yourself out in public. If people don’t need permission to look at you, what is the ethical reason they’d need permission to save one millisecond of that glance? What changes the ethical question of holding an image in your memory versus holding it in your phone? I think if we answer that question honestly, it’s the things that might be done with the photo and not merely that someone memorialized a millisecond of your appearance or behavior that you were already showing the world.
The only time it’s wrong to photograph someone in public is minors, that’s considered child exploitation. Otherwise you are free to photograph anyone you like, ala People of Walmart. It’s legal (in the United States at least).
