G.N.S. PRESSE-AGENTUR GENERAL NEWS SERVICE G.N.S Press: Service für Presse-Agenten Topic: Press card and prohibition to take photographs Note concerning the contents: any liability is excluded: the contents published here have carefully been researched. However, due to specific case laws, market structures or administrative guidelines, the effects concerning the practical use of the contents may vary from country to country. Therefore, contents and the links/link tips they contain are not deemed binding for all countries. GNS Network Association Inc./ Ingolstadt. - 1 -
Press card and prohibition to take photographs Virtually unnoticed by the public, a recurrent explosive topic appears in various forums and chats: the prohibition to take photographs. What is this prohibition all about and does it actually exist? No literature or professional papers exist on what the purpose of this (possible) prohibition might be. Therefore, it was relatively difficult to research this topic. But prohibitions are always appealing and the results about this topic are truly impressive. The following questions were investigated: 1. Do prohibitions to take photographs apply to press card holders? 2. Why do prohibitions to take photographs exist? 3. Are prohibitions to take photographs violating the press law? 4. Who is required to obey the prohibition to take photographs? 5. How long can prohibitions to take photographs be avoided for? These questions are discussed in order below to provide you with more clarity about this complex topic. Regarding question 1: If a prohibition to take photographs is in place for an event, press card holders are obviously also required to adhere to it. A press card does not allow the holder to disregard the event organiser s house rules. At least not unpunished - 2 -
Regarding question 2: prohibitions to take photographs have both advantages and disadvantages. If you read a statement from time to time in which it is alleged that prohibitions to take photographs are a deplorable custom, this is complete nonsense! Authors of these kinds of texts have no idea about the media business. Or how would you feel, if people were taking pictures during a (celebrity s) funeral? Insofar, prohibitions to take photographs are definitely legitimate. With respect to events and shows, the artists managers exactly define by whom, whether, when and how long photographs of the artists may be taken. The reason for this is two-fold: On the one hand, an attempt is made to prevent stars from appearing in the media columns in a way that is harmful to their image. On the other hand, event organisers hope to secure the entire value chain in favour of their stars. After all, a star should be regarded as a skilfully showcased brand name item. The decision making power about whether or not photographs should be taken therefore rests with the artist or the management. Regarding question 3: according to common knowledge, the prohibition to take photographs does not violate the press right. First and foremost, an event organiser is an entrepreneur. As an entrepreneur, it is up to him to decide which media character he likes and dislikes. As mentioned earlier, he can also define whether and to what extent photographs may be taken. This may even go to such lengths that photographers are required to surrender their complete equipment into security custody - for as long until the official photo shooting session starts. - 3 -
This is designed to prevent wild, uncontrolled snap shots. After the end of the shooting session, trained safety officials will again be collecting the cameras and keep them safe until the event has ended. Does this equal to interference with the journalistic work? Hardly, because every journalist is free to attend an event or to skip it because of rigorous measures. After all, the event organiser is not forcing a single one of the representatives of the press to attend his event. The right to obtain information and do research ends where legitimate private interests require protection. Otherwise, photographers would keep hitting the triggers for example during classical concerts, much to the detriment of the attentively listening audience! Regarding question 4: journalists, irrespective of whether they are working full- or part-time, are obviously not excluded from the prohibition to take photographs. The only exception: a special permit issued by the event organiser or the management. But please do not have any false hopes. Special permits are usually only issued to in-house and royal photographers. Even a photography card (a type of special permit to take pictures) is normally associated with significant limitations. Indeed, it is permitted to take pictures from a particularly favourable position, but this is usually limited to the first three musical pieces. Then it is over with the permission to take pictures. The security personnel is generally uncompromising with respect to violations. - 4 -
Regarding question 5: Can the prohibition to take photographs really be avoided? In the majority of cases not Unless deception and tricks are used. Whether it is worth the effort is anyone s guess. Below is some information about the most common trick to help you avoid it. You would be violating the possible house rules of the event organiser: several cameras are used. A camera with a striking appearance is used for the first, permitted photo session. It is used to shoot the official pictures. The camera is exchanged shortly before the end of the permitted session and many more pictures are taken. The first of the no longer permitted pictures are saved normally. All other photographs are sent to a second storage medium hidden close to the body. This is very easy with today s digital technology. If the photographer is caught by the security staff, he can a) refer to the officially permitted pictures shot with the first camera with the striking appearance. No third party is entitled to these pictures because they were taken legitimately; b) the photographer can elegantly and calmly refer to his 2nd camera which in fact does contain some unauthorised pictures. These pictures can be deleted on the spot. The significantly more important storage medium hidden close to the body contains the remaining pictures which were taken without the event organiser s permission. End - 5 -