Huge thanks to everyone who came to my Street Photography talk at the Ballarat Mechanics Institute, where we also saw a fabulous collection of vintage cameras by collector Roger Burrows and Max Harris Photographic Collection.
Liberty or Liability?
These are not easy times for street photographers. For us, acting “suspiciously” is often part of the job description, and loitering with intent? Practically a modus operandi. Tightening privacy laws and widespread fear around terrorism have created an environment in which to stare, pry, listen or observe can easily be seen as cause for concern.
A 2008 poster campaign by the London Metropolitan Police captured this shift in public attitude:
‘Thousands of people take photos every day. What if one of them seems odd?’
It encouraged the public to report anyone with a camera who appeared to display “unusual levels of curiosity.”
Today, it’s increasingly common for street photographers to be stopped, searched, or reprimanded informally. Film and memory cards are sometimes confiscated without cause. In response, photographers have launched advocacy platforms such as ‘I’m A Photographer, Not A Terrorist’ and ‘Photography Is Not A Crime’. One poignant counter-campaign subverted the original police poster:
‘Millions of people take photos every day. Some of them are brown. Please do not shoot them.’
Despite this atmosphere of suspicion, most street photographers persist – voting with their feet, lenses, and shutters.
While confrontation is an occupational hazard, seasoned photographers often accept this as part of the job. But in today’s increasingly litigious culture—where legal action can be taken on behalf of anyone who feels offended, violated, or harassed- photographers must navigate uncertain legal terrain when documenting public life.
Many argue that forcing photographers to obtain model releases or rely solely on posed portraits would lead to a sanitised, curated version of reality. New York photographer Jeff Mermelstein puts it plainly:
‘Street photography is an important part of the documentation of our time.’
He continues:
‘Some of the most significant images in any art medium in the last 150 years have been made in the street by people like Henri Cartier-Bresson, Diane Arbus, and Robert Frank. If that’s discouraged, in the long term it will be a substantial loss.’
– from Street Photography Now by Sophie Howarth and Stephen McLaren