By Foo Chai Lyn
Kuala Lumpur – Don’t you ever feel uncomfortable when people take your photo without your consent and feel that your privacy is slipping away? Well as much as people fidget uncomfortably when they notice a stranger taking their photo, the public technically has no rights in prohibiting people from taking our photo once they put themselves in the public.
Even so, the cases of unconsented pictures being taken in public is concerning that people feel like losing part of their privacy. Not only that people can’t seem to enjoy being out in public as there would be chances of their photo being taken intentionally or unintentionally. And surely, at this point, many of us or people around us have experienced incidents where people take photos of others without permission.
Dr Raijini Kumar a/l Sreedharam weighed in his professional opinion on taking pictures without consent in Malaysia.
Dr Raijini Kumar a/l Sreedharam, who works as a lecturer at University Tunku Abdul Rahman which specializes in teaching Communication Law and Cyber Law said that there’s freedom given to everyone to take pictures. For instance, when people are taking pictures when they are out in the park or scenery of nature. However, Dr Raijini expresses that when it comes to taking the picture of an individual that will be something that always triggers concern issues.
“In Malaysia, we don’t have any specific law which can restrict an individual from taking a photograph as there are no laws that prohibit people in taking pictures in public,”
“Although there is no clear-cut law in Malaysia, there are restrictions and specifications related to the law when people are taking another person’s photograph. Under the Penal Code Section 509 where it talks about any words or gesture where you have intended to insult the modesty of a person. For example, if the person happens to humiliate or insult you with the photograph that he took, people can sue the person saying he has insulted you with the photograph that he had taken,” said Dr Raijini.
When asked about how people felt knowing that there are many cases of pictures being taken without consent in public, Chan Tze Hin, 20 who is a student at Universiti Tunku Abdul Rahman said that he is worried about his privacy in public as many people out there don't care about the feelings of people when they take photos of others without consent and because of this he is worried that it will happen quite often in the future.
“I am worried that my picture would be dropped in the hands of criminals for illegal purposes,” said Joan Toh, 21.
Meanwhile, Jorman, 22, feels that it depends on what kind of situation he is in. If it is like minding your own business like taking a cup of coffee he would not mind. However, if it is a picture in violation of his personal space for instance a pic of private areas it is a no go for him.
Jason Mah, an experienced street photographer states that if he took a photo of someone and they notice it which makes them feel uncomfortable about it he will delete it and prove it to them as he feels there is no need in ruining their day. However, if he notices that they are comfortable with it, he will go up to them and ask for their contact number so that he can send the photos to them. He states that this will make their day.
He also added that he drew a line in getting pictures of disabled and beggars because he feels that it is pitiful and doing so feels that he is shaming them.
Although people can’t stop strangers from taking pictures of themselves in public, people still have the right to ask strangers to stop taking their pictures whenever they feel uncomfortable.
Chan has personally experienced his photograph being taken without permission. However, he expresses that he has no issue with people taking his photograph.
“If I caught the person red-handed, I would ask the person why he or she wanted to take the photo as know why he or she want to do so,” said Chan Tze Hin.
On the other hand, Jorman and Joan have not personally experienced their photos being taken by strangers. However, they both express that their friends have experienced it.
“I don't have experience of photos being taken but my friends did. After the photos are taken the strangers actually ask for consent before they put it out in the public,” said Jorman
“My friend’s photo was up on social media and the person who uploaded the picture of her asked for her information. After knowing her picture was being uploaded, my friend was shocked and traumatised,” said Joan Toh.
It can be seen that by going out in public, there would be instances where pictures are being taken without permission as there is no law in Malaysia that prohibits people from taking photos as this is the freedom given to the citizens.
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