The travel said it’s ‘best to ask those in-frame before posting a photo that includes them’ (Image: Getty Images)
Heading abroad is always thrilling, but travellers bound for a sought-after European destination need to be mindful of a lesser-known regulation.
Snapping photographs whilst strolling through charming European streets or documenting iconic city landmarks is instinctive for holidaymakers discovering new places. Subsequently, numerous tourists eagerly post their pictures on social media, yet this seemingly innocent practice could result in serious consequences, including substantial penalties.
Those planning a visit to Germany are being cautioned about the nation’s stringent regulations regarding photography in public spaces and posting images on social media. Whilst tourists are perfectly entitled to take photographs during their German visit, there are strict rules governing the publication or sharing of images featuring people without their permission, even when captured in public areas, under the Art Copyright Act (KUG).
Simon Hood, a travel expert and Executive Director of John Mason International, explained: « Taking a photograph of a stranger and publishing or distributing this without their permission is illegal in Germany. Even if a person’s face is not in the picture, if they can be recognised by their tattoos, clothes, or the context of the photo, this is still disallowed.
« The regulations are complicated, for example, posting photos of strangers at public events such as parades, sports events and demonstrations are allowed, as long as they are not specific photos of the crowd. The Federal Court of Justice judge cases individually and ultimately determines what is and isn’t unlawful. »
There’s a strict travel rule in this popular European destination (Image: Getty Images)
Fines for distributing an unauthorised image online can range from £850 (€1,000) upwards, Simon added. « With this in mind, it’s best to ask those in-frame before posting a photo that includes them », reports the Mirror.
Family Law Attorney Stephen Bardol explained the rule further: « From a family law perspective, this topic is often underestimated, especially when children appear in photos. Many assume that posting a photo of someone else is a harmless act, such as during travel, holidays or at family celebrations. But the fundamental rights of the image and privacy protection in Germany are often highly violated here.
There’s a strict travel rule in this popular European destination (Image: Getty Images)
« If a person can clearly be identified in a photo, posting the photo is no longer a decision for the person posting the photo, but rather a consent, privacy and interference with the fundamental rights of others. »
Stephen highlighted that the situation can become significantly more complicated when children are involved. He stated: « The fact that a child cannot fully understand what the publication of their photo on the internet implies, eg, where it will be accessible, for what period of time and who will have access to it, and most of all the possibility that the picture will be shared or re-published by other users, means that the protection of children is greater than that of adults. »
He advised: « Tourists who are visiting Germany should be careful when taking photos, especially of families with small children. Posting a photo of a square where the families are only visible in the background is one thing, but posting a photo of a single child or a single family is an entirely different matter. »
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