ABSTRACT

In addition to the restrictions that may be placed on photographers’ and photograph publishers’ freedom of expression rights in order to protect and enforce the personal rights of individuals, their rights may also be either restricted or prohibited in support of public interests including the state’s duty to protect public order, the security and defence of the state and the administration of justice. Photographers’ and photograph publishers’ rights may also be restricted as a consequence of a variety of miscellaneous statutory provisions or on public morality grounds. Also, ethical codes of behaviour may place restrictions on the legal rights of certain classes of photographers, such as those undertaking press and commercial advertising photography and photograph publishers, such as advertisers. The effect of the previously mentioned classes of restrictions may range from a limitation to, in certain circumstances, a total prohibition on the exercise of photographers’ and photograph publishers’ legal rights. Chapter 5 examines these issues.