Question on Photography Laws in Malaysia

[Wangs]

Hi, I'm new here. Just registered this morning. I'm from Penang, Malaysia and I have some questions about laws concerning photography in the country.

I would like to know when it becomes wrong to take a photograph. For example lets say you're taking a photograph of someone (a stranger) maybe as a potrait, do you have to get his or her permission?

What if you're taking a photograph of scenery and there's someone standing nearby who gets snapped into the picture as well. Is that wrong? What action can that person take?

Or lets say you see someone acting in a suspicious way and you decide to video record his movements. Is that legal?

Hope to hear your advice on this.

[Falcone]

Originally Posted by Wangs

Hi, I'm new here. Just registered this morning. I'm from Penang, Malaysia and I have some questions about laws concerning photography in the country.

I would like to know when it becomes wrong to take a photograph. For example lets say you're taking a photograph of someone (a stranger) maybe as a potrait, do you have to get his or her permission?

What if you're taking a photograph of scenery and there's someone standing nearby who gets snapped into the picture as well. Is that wrong? What action can that person take?

Or lets say you see someone acting in a suspicious way and you decide to video record his movements. Is that legal?

Hope to hear your advice on this.

Hi and welcome, I believe (unless they change the law again), you can legally take a person's pics in public places provide your pics are not for commercial purposes. But of course there are chances that her boy friend will come over to beat the crap out of you.

Here's a link i saw some time ago http://www.krages.com/phoright.htm though it might not apply in Malaysia.

[peaz]

if it's not for commercial purpose, legally you are safe to shoot a photo with someone in the shot. But if you like to sell it for commercial use, then you would need a release form signed by the recognizable person on the photo.

[Adrian Wong]

That indeed is a problem. I do see a lot of problems with permission for photography.

For example, some shots are best taken when the subject isn't aware. Then you get a natural feel to it, rather than a forced pose. But is it really legal or ethical to just take pictures of people who are unaware that they are being taken?

And what about the subject? Is it alright to take pictures of old people or men but not pretty young things? Or how about children? Will that get you labelled as a potential paedophile??

But even if that's legal, would it be okay for us to take photos of OTHER people's children... playing in the park, for example? Or is that only okay if it's a lady taking the photos?

Ironically, I recently read that the police arrested a GRANDMOTHER for taking photos of her naked grandchildren... and she is a renown nude photographer.

[Wangs]

Thanks for all the replies.I sure came to the right place.

But just curious, let's say you take a snapshot of a public place like a busy street or inside the bus station. Can any member of the public come over and tell you to hand over your camera because his picture was snapped either intentionally or not intentionally?

[Adrian Wong]

Originally Posted by Wangs

Thanks for all the replies.I sure came to the right place.

But just curious, let's say you take a snapshot of a public place like a busy street or inside the bus station. Can any member of the public come over and tell you to hand over your camera because his picture was snapped either intentionally or not intentionally?

Hmm.. Somehow I don't think so. Unless he/she can prove that you were intentionally focusing on him/her. You will probably have to show the photo to prove it.

[peaz]

Well, this is definately a well disputed issue everywhere. AFAIK, legally, anything we shoot in public is legal as long as it's not for commercial purposes. Of course, we have to be sensitive and not "target" a particular person when shooting in public. When you notice a parent 'protecting' their child or showing a disapproving stare, just say sorry or just focus elsewhere. But some loves being captured and will actually let you take photos of themselves or their child... those that smiles. Well, then, it's ok to just take a shot. If you can, try going up to the parents and just talk to them. They might even ask you the email them the photos! Who knows Again, as long as it's not used commercially.