Author Topic: The legality of photographing ships  (Read 10750 times)

Offline rjdg14

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The legality of photographing ships
« on: June 21, 2015, 02:03:26 PM »
I've occasionally heard of cases where people have been told in the port that taking photos there is not allowed for counterterrorism purposes. As somebody who has had a long interest in ships (on and off), is this for the customs area/port terminal, the ships themselves, or both? I've taken photos aboard numerous ferries before and haven't been told of, and have even seen passengers with DSLRs and no concerned staff. So is there any technical legal prohibition of photographing ships in the UK, or publishing photos? Can you please give your experience and knowledge. Wikipedia doesn't say anything, so I'm asking here.

Offline Cornelia Klier

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Re: The legality of photographing ships
« Reply #1 on: June 21, 2015, 03:02:38 PM »
I remember in St Petersburg it was not allowed to take photos in port however when standing onboard swedish flagged ship I did photograph everything and nobody could say anything

Offline Jon Godsell

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Re: The legality of photographing ships
« Reply #2 on: June 21, 2015, 03:07:45 PM »
If you have taken your pictures in a public area such as a road or footpath then you can photograph anything or anyone you like and use them as you see fit.

However, photography is generally restricted at terminals, docks, cargo handling areas and other private areas etc., though, if no one is watching it would not stop me, for instance, from taking some pictures so long as it's not obvious as to what you are doing.

Should you be stopped though it would be unlawful for any person including the police, to order you to delete or for them forcefully to try and delete any images on your camera, only a court has that power.

Should you not want to go though all that hassle, then just delete them as ordered, put your card to one side and when you return to you PC/laptop download one of the many software packages that restore the images you have deleted.

I've never had any problem taking picture from a vessel though, I suspect it could be a bit of a grey area, as I would imagine the deck of a vessel is, in the eyes of the law, a private place and not a public one.

This is the case in the UK though I cannot comment on the situated on the other side of that 30 odd mile ditch which, thankfully, still divides us.

JG

Offline simonwp

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Re: The legality of photographing ships
« Reply #3 on: June 21, 2015, 03:41:56 PM »
Jon is indeed correct, also correct about police powers, after a few high profile incidents at railway stations, the British Transport Police Chief Constable got involved and made it clear that it was perfectly legal to take photographs at railways stations as they were public places and the police had no powers to either ask you to stop or ask you to delete any photographs taken in a public place. The only exception would be if you were suspected of being involved in terrorist activities, and then the police would have to justify their action to a court, i.e. have a genuine and legitimate reason to suspect you.

However most ports are private places, and as such as covered by any regulations that the port operator sees fit to impose. They are also subject to the ISPS code. This still does not give the police the right to ask you to delete any photographs, but it does give them the right to seize your camera as potential evidence in the case of a breach of the code or other legislation, such as health and safety legislation (e.g. if you have gone onto an area where access is restricted by health and safety legislation). Port security officers have no right to do anything other than to ask you to leave, and ask for any details needed for a potential prosecution. You do not have to comply with either request, but if you do not almost certainly the police will be called and that will then lead to the above situation.

In passenger and ferry ports it is unlikely you would be stopped from taking photographs from an area where you were legitimately entitled to be, e.g. waiting for your car to be loaded on a ferry.

That is really the rule of thumb that tends to be applied in these cases, if you take photographs from an area where you have a legitimate reason to be you are unlikely to be stopped. If you take photographs from area's where you have no legitimate reason to be you may well have problems.

Taking photographs from vessels is permitted provided you have a legitimate reason to be on the vessel, and the vessels operator does not prohibit photographs (and I don't know of any that do).

Offline rjdg14

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Re: The legality of photographing ships
« Reply #4 on: June 21, 2015, 05:25:18 PM »
So it's not technically illegal, although a company can ask you not to take photos onboard. Do any of these (ones I've sometimes travelled with) operators have such a rule banning photos, either of the interior or of the sea (or the publication of such photos):

*P&O Ferries
*Stena Line
*Irish Ferries
*Wightlink
*Red Funnel

In most cases, there have been "no photography" signs dotted around certain areas of the ports (the Irish sea ones in particular), but does this normally extend to the vessels of these operators?

Offline simonwp

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Re: The legality of photographing ships
« Reply #5 on: June 21, 2015, 06:06:11 PM »
As far as I know none of these companies ban photography, however you would have to check each companies individual terms and conditions to be certain. Some companies ban photography in area's where it may hinder the safe running of the ship, e.g. on the car deck where flash could dazzle drivers and crew, but these area's are usually signed.

There may be some issues if the photographs were being taken for commercial gain, and, if that was your intention it would be best to approach the company, as you my get better access. Certainly taking photographs of other ships, and even port facilities, shouldn't have you in any trouble. Interior photography clearly intended for personal use, such as family groups, wouldn't either, this would be almost impossible to control. However, unfortunately these days, in these circumstances it can be easy to get accused of taking pictures of someone's children especially if you are a lone male. that's just a sad reflecting of our times, I'm afraid. So you need to be careful.

Offline rjdg14

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Re: The legality of photographing ships
« Reply #6 on: June 21, 2015, 06:20:28 PM »
The children issue is simply that of the parents to enforce, though. I've never seen any signs on the car deck of most ships explicitly banning photographs, only "no mobile phones", which is probably due to interference. Commercial gain is more likely an issue, but even then, if someone was to take just a sea picture, it would be unlikely any cause of infringement, although I don't know for sure.

Offline Tony1

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Re: The legality of photographing ships
« Reply #7 on: June 26, 2015, 12:30:03 AM »
I have taken many many pictures from the Red Funnel car ferries and have had no problems whatsoever, in fact the crew normally announce what cruise ships are in port especially if you may pass them on the journey as also was the case when passing the capsized Hoegh Osaka.

I have taken pictures albeit from public places around Southampton, Dover, Aberdeen, Goole Kings Lynn, Teesdock, Shoreham and Hull and never had any problems at all.   

Offline Kyle Stubbs

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Re: The legality of photographing ships
« Reply #8 on: June 26, 2015, 12:38:07 AM »
Much like here in the US, I'm sure the throwing around of photography being banned for "counterterrorism" or "homeland security" purposes is likely more due to overzealous security guards than any actual law. Standing on a public sidewalk, I had a guard for a BP facility tell me I couldn't take photos because of the oil tanks in the background due to the above buzzwords. I just left in order to get the guy off my case, but once I got home I started digging into US law and found that from being on a marked military facility or Dept of Energy nuclear plant and snapping photos, there is nothing that authorizes the banning of photography here while outdoors on public property. I'd imagine the laws are fairly similar there in the UK.

Kind Regards, Kyle
"Action speaks louder than words but not nearly as often." -Mark Twain

Offline Andrew (Aushiker)

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Re: The legality of photographing ships
« Reply #9 on: June 29, 2015, 08:17:52 AM »
Here in Western Australia my local port is Fremantle Port and Fremantle Ports has posted its "filming and photography" policy online which applies to the Port itself.  Interestingly the Port is in fact a State Government entity and hence not a private entity but I assume it can enforce its own rules in terms of its land.

Quote
Victoria Quay, North Mole and South Mole offer many photo opportunities and you are welcome to take photos or film from public areas.

If you are setting up a

 

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