Hungarian Law Says Photogs Must Ask Permission To Take Pictures 149
An anonymous reader writes "Those planning a weekend break in Budapest take note. From 15 March anyone taking photographs in Hungary is technically breaking the law if someone wanders into shot, under a new civil code that outlaws taking pictures without the permission of everyone in the photograph. According to the justice ministry, people taking pictures should look out for those 'who are not waving, or who are trying to hide or running out of shot.' Officials say expanding the law on consent to include the taking of photographs, in addition to their publication, merely codifies existing court practice. However, Hungary's photographers call the law vague and obstructive, saying it has left the country of Joseph Pulitzer and photography legend Robert Capa out of step with Europe."
Re:Out of step with reality (Score:5, Informative)
Re:Out of step with reality (Score:5, Informative)
Actually, as any professional photographer can tell you, in most countries you're not allowed to use someone's image without a modeling release. In addition, if you take pictures of property that is distinctive (like the London "Ghurkin") you need a property release as well.
The only exception to this rule is if the images are "editorial" usage -- e.g. as in a news story, and in some cases artistic photos may also be exempt.
Snapshots you take as a tourist are sort of a grey area. Technically you need a model release to take someone's picture but from a practical standpoint people won't go through the trouble of suing you.
Re:Out of step with reality (Score:5, Informative)
TFA is kind of lacking details and I don't follow Hungarian politics that closely, but my first instinct has to do with Viktor Orban's government - he's known for some controversial laws curbing media freedom and changes to their constitution which got the entire EU worried.
The main confusion is that consent can be given in many different ways: implicit consent is still a consent and the article mentions one of their government ministers saying you are fine as long as nobody is explicitly asking you not to take a picture.
Unfortunately, Hungarian is so hard to understand that even with Google Translate I can't follow their newspapers and columns, so we are at the mercy of second-hand journalism and skimpy stuff such as TFA, but indeed this looks like one of the laws enected to be used selectively against well defined targets.
Meanwhile, don't cancel your Hungarian vacation just yet - it's a lovely country with things to see and do, even without taking a camera
P.S. Personally, I welcome this law. When traveling through Hungary, I can stop paying Hungarian vignette (road tax) and when I drive under highway cameras, I'll just wave my arms in explicit objection to having my picture taken
The country is already out of step with Europe (Score:5, Informative)
Hungary was deprived of an important step in the development of today's Europe: fascism. And they insist on catching up without any shortcuts. Unfortunately I am not joking. As the current government wants Hungary to leave the European Union anyway, they are shamelessly breaking all of its principles. Apparently this is only going to end after the Hungarians have spectacularly lost a war right in the heart of Europe.
Being homeless is now officially a crime. The ruling party quite openly supports pogroms against gypsies. Hungary is quite open about wanting to annex all Hungarian-speaking regions of neighbouring countries. (Ethnic Hungarians in those countries can already obtain Hungarian passports.) The media is censored to such a degree that when the current law came into effect, lots of journalists had to look for a job immediately as they were left with a choice between creeping up the government's posteriors or facing draconian punishment. Even citizens from other European countries cannot by land in Hungary. Austrian farmers who already own land in Hungary are punished when they cross the border in a tractor to cultivate it. When the Swiss Franc rose a lot, causing problems for enormous numbers of Hungarians (and Hungarian institutions) that idiotically had taken Swiss loans because of the low nominal interest rates, Hungary *unilaterally* decided that they only have to pay back these loans to the amount owed theoretically if the exchange rate had been constant. In other words, the Hungarian government unilaterally partially dispossessed the banks of an EFTA country.
The new photography law is just another in a series of rubber laws that criminalise almost everything so that they can be applied selectively to members of the opposition and other likely targets.
Comment removed (Score:4, Informative)
some background intel (Score:5, Informative)
Don't make the mistake of interpreting this law as one aimed to protect the privacy of individuals. If that was the case I would even argue in favor of it.
The ruling party - who will likely win the next elections without trouble due to the state capture level corruption, media control, and rigged election system (an impotent opposition doesn't help) - regard Putin's Russia as an example to follow. They also do everything to kiss his ass despite their actions in Crimea, and despite the long and painful Soviet opression of Hungary and the revolution of 1956 crushed by them. And why? Because they want Russia to expand the power plant in the city of Paks, the biggest infrastructure investment in the history of Hungary ever, without even asking for a quote from other companies or reaching a consensus that it's even needed (green energy will likely be much cheaper by the time the plant is finished). Russia will also kindly provide the loan for the project, making us depend on their good will for decades, because seriously, what could go wrong with that?
Now, what would you think if such a country, with its leader in the pocket of Putin, would enact this law?
According to the law even private individuals can be punished, not just professionals who realize a profit from the pictures. This is dumb at best in the era of smartphones. Obviously, the law won't be enforced to the letter or mean anything for the majority. Nobody will go after tourists, either. But it WILL be used as a possible weapon to prosecute anyone from public servants caught criticising the power to journalists who stick their noses where they shouldn't.
Just a shining example from the recent past. I personally agree that there are things you shouldn't even say in anonymous comments and people should have the right to defend themselves against online abuse. But when a prominent member of the ruling party can sue a commenter for a basically harmless comment and win a huge compensation (even though there is a law in place saying public figures must tolerate more criticism due to their roles), you know something's very wrong. This new law fits in the picture just nicely.
Do come to Hungary as a tourist as it's a lovely place to visit. It's safe too unless you invite girls whom you just met (and who happen to celebrate their birthdays) for drinks. But do come before we silently join the new russian empire. (Sorry for my english, I'm honing my russian instead, it will be very handy soon.)