Is it illegal to take a picture of someone without their permission in South Africa?

Asked by: Anthony Murazik DVM  |  Last update: October 24, 2025
Score: 4.1/5 (49 votes)

Conclusion. You can take a photo of anyone, anywhere as the act of taking a photo is not illegal. There are few exceptions which pertain to government installations that carry restrictions.

Is it illegal to take pictures of someone without consent in South Africa?

What does the law say about photography, and street photography in South Africa, here is the bottom line when it comes to taking photographs in public places in South Africa. In South Africa, any person can take a photograph that includes any other person, without permission.

Can you go to jail for taking a picture of someone without their permission?

It is legal to photograph or videotape anything and anyone on any public property, within reasonable community standards.

Can you sue someone for taking a picture of you without permission?

You could bring a lawsuit by accusing the defendant of an invasion of privacy by appropriation of your likeness, a process known as right to publicity. This law allows you to control and profit from the commercial use of your image, name and persona or your identity.

What is it called when someone takes a picture of you without you knowing?

However, if the intent is that the subject is absolutely unaware of being photographed and does not even expect it, then such photography is secret photography, which is an extreme case of candid photography.

Can you sue if someone posts a video or photo of you without your consent?

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What can I do if someone takes a picture of me without my permission?

Photos taken illegally, on private property, or with defamatory intent may require a personal injury attorney. Images with minors or illegal pornographic content may require the government's help. Contact your local law enforcement.

Can someone take a picture of me without me knowing?

The First Amendment even provides a Constitutional right to photography and videotaping in public spaces. This disclaimer is a shock to many, mainly because a photo can be taken from far away, perhaps without the subject's permission or knowledge.

What to do if someone posted a picture of you without your permission on Facebook?

Facebook provides a number of ways for people to report imagery that they believe violates their privacy. The quickest way to report abuse is by using the Find Support or Report links located near the photo or video that you want to report.

Can you sue someone for taking a picture of you without permission in Canada?

It is a very flexible privacy law, leaving it's interpretation open to the courts. This means that publishing a photo of a person, without their consent, may be considered a breach of privacy. Though since the law is flexible, it could be argued that as little as taking a photo of a person is a breach of privacy.

Can you sue someone for using your name without permission?

Specifically, California recognizes both common law and statutory rights. California Civil Code, Section 3344, provides that it is unlawful, for the purpose of advertising or selling, to knowingly use another's name, voice, signature, photograph, or likeness without that person's prior consent.

Do you need permission to use someone's photo?

If you're using an image for personal or commercial reasons, you will need to consider getting permission and/or paying to use the image.

Why would someone drive by my house and take a picture?

It could be that the person taking the photos is a burglar scouting the area, but another common reason may be that the person taking photos is a real estate professional at work.

Is it legal to take a picture of someone's driver's license?

Ordinarily, yes. A person's driver license photo will usually be protected by state laws that prohibit unofficial uses by government entities, as well as use by private/commercial organizations. But, in an emergency situation, or if you are wanted by police, that photo can be plastered everywhere by the media.

Is it illegal to take pictures of random people without consent?

Through litigation, public education, and other forms of advocacy, the ACLU has defended the rights of photographers and all camera-wielding individuals to document freely. When in public spaces where you are lawfully present you have the right to photograph anything that is in plain view.

Is it illegal to take a picture of someone without their permission in school?

As a rule, we tell student photographers that they should get the teacher's permission and announce their presence in a classroom before taking pics. California law actually requires such permission by statute.

Is it illegal to take photos in the hospital?

Patients and visitors are generally allowed to take photos and videos under the HIPAA photo rules, and many healthcare providers encourage this activity to record happy events such as births, successful surgeries, and recoveries from serious illnesses.

Can you get sued for taking a picture of someone without their permission?

It can be challenging to file a lawsuit against a stranger who takes your photo while you are on public property. However, you may have a case if this person took your picture on private property.

Is a picture considered personal information?

Is a photo considered PII? The GDPR does not explicitly include a photograph as part of the definition of PII. However, any information that can be used to identify an individual, such as a facial image, may be considered personal data depending on its context and purpose.

Is it illegal to take a picture of a minor?

Your child has the same right to privacy as an adult does. No one can photograph or film your child in a location where he or she believes himself or herself to be alone, even if alone with his friends. For example, if the child is in a sandbox at a public park, a photographer can take his or her picture.

Is it illegal to take a photo of someone without their consent in NZ?

Generally, taking photos or recordings in public places is allowed. The role of the Privacy Act will generally depend on who is taking the photo or making the recording - whether they are an agency or an individual.

How can I remove a picture of me from someone else's Facebook?

Here is how to do it:
  1. Go to the photo or video;
  2. Click  in the top right;
  3. Select Remove Tag;
  4. Click OK to confirm.

Can you sue someone for posting a video of you without your permission?

You might successfully sue another party who has intruded on your expectation of privacy, such as shooting a video while you are at home or in another private setting where privacy is expected by every individual at the setting. Another party cannot shoot a video to use your name and likeness without your permission.

What to do when someone takes a picture of you without permission?

You may want to contact local law enforcement to see if it's illegal to post things like this in your state or country. If you want to pursue legal action, you may need a screenshot or other record of the post.

Is it illegal to take a picture of someone without their permission in California?

Invasion of privacy occurs when somebody secretly intrudes on or takes pictures or video recordings of someone in a place where they have a reasonable expectation of privacy. Sometimes, it includes taking a picture of another person under or through their clothing for the purpose of sexual arousal or gratification.

Can someone film my house without permission?

In two-part consent states like California, Florida or Michigan, both or all sides need to give their consent to have their conservation recorded. It is never legal to record a conversation where no one is giving consent.