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Ferang beggar on Walking Street!


bigwilly

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To the OP. Did you ask his permission before posting his picture on an internet forum where it can be seen by everyone? Thought not! Shame on you. I hope you get yours some day.

He's in a public place where there is no expectation of privacy. There is no need to ask permission to take a photo of someone who is out in a public place.

It might not be against the law but it certainly is impolite to do it without asking permission first and some people may become offended, and I include myself in that

....

It's called common decency, which the OP lacks in his judgment, by posting this picture of an individual accompanied by derogatory comments. Is this what Pattaya-ites do all day/night long--post pictures of possible unfortunates and then take pot-shots-- as opposed to extending a helping hand? ermm.gif

Disgusting. bah.gif

Edited by Fookhaht
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To the OP. Did you ask his permission before posting his picture on an internet forum where it can be seen by everyone? Thought not! Shame on you. I hope you get yours some day.

He's in a public place where there is no expectation of privacy. There is no need to ask permission to take a photo of someone who is out in a public place.

the privacy issue is not taking the picture but posting it without consent. that is a clear violation of the privacy laws. posting it with unfavorable comments (i.e. naming him a beggar) might even opening up any kind of libel suits agains you.

Sorry but you don't know the law...no expectation of privacy also includes publication. The labeling issue is where in Thailand at least, you may be able to make a case. Maybe that's what he was looking for and his lawyers are hard at work already.

PS: I'm looking at the front page of one of the Bangkok newspapers this morning and there is a picture of a large demonstration in Bangkok, with individuals clearly able to be identified. Do you think the paper obtained releases from the dozens of people pictured in order to be able to publish this picture?

Taking a picture of somebody in a public place is one thing. Uploading it in a public place like TV is another thing. Of course, privacy laws for pictures taken in public places are depending on country specific laws, however using the picture in the way you did is clearly not permissible. The person you did photograph is in no way a public figure, did not consent to being exposed in such indecent and humiliating manner and therefore could sue you outright. You are misusing his picture and his misfortune for whatever private reason you have. Just shows a lack of decency on your side, as others aready outlined.

The difference is when I go to a public demonstration and the photographer takes pictures and publishes them. By going to a newsworthy event, the people attending are aware of and do implicitly agree and accept that they might be pictured during such an event.

First off...I didn't post the op, which included the picture. I also never commented on the picture itself, only the legality of taking and posting it. Therefore, I'm in no legal jeopardy. As to public places, a public demonstration and sitting out in a public place are one and the same. In such situations, there is NO EXPECTATION of privacy. One's image is caught on dozens (hundreds?) of video cameras every time one steps out on a public street or into most public buildings. Have you ever been informed, let alone asked to sign a release, before your image was captured and stored?

In ones home or own property, it's a different matter.

Nobody consents to being captured on security cameras however none of us have any choice in the matter

The photo the OP posted was obviously taken without the beggars consent, IMO it is wrong to do this

Sometimes you get amateur photo takers going round bars snapping away, I politely tell them not to take my photo without asking me first

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Being photographed is one thing and yes, you can not claim privacy when you are out on the street.

The picture being published is completely another story. If you are on a picture (i.e. during a demonstration), you can not claim privacy rights, as a demonstration is a public and newsworthy event where you know that your picture can be taken and uploaded to public domains. However, the persons on such pictures are normally not singled out.

Uploading the picture of a person, where the person is singled out and where their is no public interest in the person being singled out, is a violation of most countries privacy rights as well as a violation of ethics code for journalists.

Hi Swiss1960,

You should indicate clearly to which country laws you make reference when you post this kind of message.

By default on this forum it should be Thailand laws and it seems to me that some parts of what you wrote here are no true in Thailand.

I am not a Thai lawyer though...

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the privacy issue is not taking the picture but posting it without consent. that is a clear violation of the privacy laws. posting it with unfavorable comments (i.e. naming him a beggar) might even opening up any kind of libel suits agains you.

Sorry but you don't know the law...no expectation of privacy also includes publication. The labeling issue is where in Thailand at least, you may be able to make a case. Maybe that's what he was looking for and his lawyers are hard at work already.

PS: I'm looking at the front page of one of the Bangkok newspapers this morning and there is a picture of a large demonstration in Bangkok, with individuals clearly able to be identified. Do you think the paper obtained releases from the dozens of people pictured in order to be able to publish this picture?

Taking a picture of somebody in a public place is one thing. Uploading it in a public place like TV is another thing. Of course, privacy laws for pictures taken in public places are depending on country specific laws, however using the picture in the way you did is clearly not permissible. The person you did photograph is in no way a public figure, did not consent to being exposed in such indecent and humiliating manner and therefore could sue you outright. You are misusing his picture and his misfortune for whatever private reason you have. Just shows a lack of decency on your side, as others aready outlined.

The difference is when I go to a public demonstration and the photographer takes pictures and publishes them. By going to a newsworthy event, the people attending are aware of and do implicitly agree and accept that they might be pictured during such an event.

I am curious as to which privacy laws in which jurisdiction you reference when you indicate that the OP could be the subject of civil litigation.

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Being photographed is one thing and yes, you can not claim privacy when you are out on the street.

The picture being published is completely another story. If you are on a picture (i.e. during a demonstration), you can not claim privacy rights, as a demonstration is a public and newsworthy event where you know that your picture can be taken and uploaded to public domains. However, the persons on such pictures are normally not singled out.

Uploading the picture of a person, where the person is singled out and where their is no public interest in the person being singled out, is a violation of most countries privacy rights as well as a violation of ethics code for journalists.

Hi Swiss1960,

You should indicate clearly to which country laws you make reference when you post this kind of message.

By default on this forum it should be Thailand laws and it seems to me that some parts of what you wrote here are no true in Thailand.

I am not a Thai lawyer though...

I think that in general, people who post other people's pictures or information should be aware of the balance between the individual's need for privacy and the need of the society for that information to be disclosed. In this case here (picture of a "beggar" which we don't even have any confirmation about him being a beggar), the society's need is not given (my personal view).

For Thailand, please read this link here, specially the sencentce in the section "Constitution of the Kingdom of Thailand that says:

"- A persons family right, dignity, reputation or the right of privacy shall be protected. The assertion or circulation of a statement or picture in any manner whatsoever to the public, which violates or affects a person’s family rights, dignity, reputation or the right of privacy, shall not be made except for the case which is beneficial to the public."

I would say that this is pretty clear and shows that the pic posted in this op is in violation of the constitution. Other views?

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Being photographed is one thing and yes, you can not claim privacy when you are out on the street.

The picture being published is completely another story. If you are on a picture (i.e. during a demonstration), you can not claim privacy rights, as a demonstration is a public and newsworthy event where you know that your picture can be taken and uploaded to public domains. However, the persons on such pictures are normally not singled out.

Uploading the picture of a person, where the person is singled out and where their is no public interest in the person being singled out, is a violation of most countries privacy rights as well as a violation of ethics code for journalists.

Hi Swiss1960,

You should indicate clearly to which country laws you make reference when you post this kind of message.

By default on this forum it should be Thailand laws and it seems to me that some parts of what you wrote here are no true in Thailand.

I am not a Thai lawyer though...

I think that in general, people who post other people's pictures or information should be aware of the balance between the individual's need for privacy and the need of the society for that information to be disclosed. In this case here (picture of a "beggar" which we don't even have any confirmation about him being a beggar), the society's need is not given (my personal view).

For Thailand, please read this link here, specially the sencentce in the section "Constitution of the Kingdom of Thailand that says:

"- A persons family right, dignity, reputation or the right of privacy shall be protected. The assertion or circulation of a statement or picture in any manner whatsoever to the public, which violates or affects a person’s family rights, dignity, reputation or the right of privacy, shall not be made except for the case which is beneficial to the public."

I would say that this is pretty clear and shows that the pic posted in this op is in violation of the constitution. Other views?

in Thailand the law only applies to those that can afford it and the media knows that

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