Photographing Drunks In France.

[jomifl]

Anybody done this? did you know it is illegal to photograph someone behaving with impropriety?

[FredPuli43]

Reading Slaney's link it appears your gendarme was wrong.First it appears to be a civil matter (following Article 9 of the Civil Code) not a criminal code matter, and furthermore, he has no right to demand the picture be expunged. Second , it is not sufficient to show that the image was taken without your consent; you have to show real damage or hurt. Third, it's a question of image right over news right; the defendant can plead that the 'news' value,including such matters as social record, is of more value to the public than the subject's rights in the image. Fourth, it appears that the subject's case is enhanced if they have been photographed in embarrassing, degrading or humiliating circumstances e.g a topless duchess in a French garden. It's arguable that this plea is not as readily available to those who have voluntarily put themselves in that position; why should a wrongdoer or drunk have a better case than somebody normal and sober?

[jomifl]

Fred, because they are a mate of the gendarme?

[FredPuli43]

Possibly, jomifl; I once turned up, to get a visa renewed, after lunch at a police station in the South of France and found that every man in their offices, front desk and back, was drunk. The visa was for an au pair girl, whose appearance prompted slurred comments like "Wasshee want a renewal for? She can work ash long ash she likes with ush"

But France is renowned for its jobsworths who make up rules to suit themselves as they go along. That any police officer of any kind doesn't know his own powers or laws, or does but conveniently forgets them, would be no surprise whatsoever.

[jomifl]

Fred, you are not wrong. If there isn't a piece of paper for it then you can't do it :-) (apart from get drunk that is)

[jomifl]

Fred, thanks for doing the research, I make a point of never arguing with les flicks especially on their own patch and just 50 metres from le nick.:-)