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Photography and film in public places

Because private activity cannot occur in a public place for the purposes of the Surveillance Devices Act 2016 (SA), there are no general restrictions on the taking of photo or film in a public place or from a public place.

Some specific restrictions on the taking of photos or film may still apply, however. Applicable restrictions could include:

  • the photo must not be indecent (such as 'up skirt' photos);
  • the photo must not be of a child in a provocative or sexual manner;
  • the photo must not feature anything protected by a court order (e.g. child custody or witness protection);
  • the photo must not defamatory or be used for commercial purposes.

Section 3 of the Surveillance Devices Act 2016 (SA) defines a public place to include:

  • A place to which free access is permitted to the public with the express or implied consent of the owner or occupier;
  • A place to which the public are admitted on payment of money only;
  • A road, street, footway, court, alley, or thoroughfare the public are allowed to use

However, it may be a condition of entry to a public place that no photography or film be taken. The taking of photos of film would then be a breach of that condition, but not a breach of the Surveillance Devices Act 2016 (SA). There is also nothing to stop someone taking photos or film of private property from a public place outside that property.

Under section 48F of the Health Care Act 2008 (SA) it is an offence to publish or distribute a recording that identifies (or is likely to identify) a person approaching, entering or leaving protected premises at which abortions are lawfully performed. This includes any public area located within 150 metres of the protected premises. It is also an offence to publish information that identifies, or contains information tending to identify, a person who has sought a termination under the Termination of Pregnancy Act 2021 (SA) [ss 18-19]. See Abortions - Safe Access Zones.

Many filming devices also have audio recording capability; in these cases it is necessary to ensure it is not recording a private conversation without consent. Unlike private activity, a private conversation may take place in a public place as long as the circumstances still suggest that at least one party would not reasonably want or expect to be overheard by anyone aside from those present. See Private conversation and private activity.

Photography and film in public places  :  Last Revised: Fri Dec 18th 2020
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.