'Saddened' UK royals consider legal action over topless pictures of Catherine

[Special K]

Stop JMS. Please go spend your time enhancing your superiority in all things case law.

You have us all convinced!

...said no one. Ever..

[DeanCollins]

The difference being since they are rich and famous they are entitled to more privacy since they can afford it?

I would be fine with forbidding publishing pics w/o consent, but that is not the way it works.

I was also thinking that this would be the only practical way for the law to address this.

[Burgold]

A flaw in JMS' thinking is this. If I call you, technically I'm not allowed to tape our conversation without your knowledge. There's a presumption of privacy. Likewise, if you are on your private property, then you have a presumption of privacy which is why things like peeping tom laws are constitutionally valid. If you are on a public beach and I am taking photos you are fair game. It's crude, but okay to profit off that. Likewise, the Vietnamese child is in a public area with no presumption of privacy and thus it is okay to include her in the photo.

In some arenas even in public it is considered best to get a signed concent whenever using someone's likeness. This gets murkier when we get into the concept of a "public figure" But freedom of speech and the press is not unlimited. Reporters certainly have gone to jail for tresspass, invasion of property, etc.

I will say that I agree with JMS that the line does not to be gray because sometimes the right to know supercedes privacy, for example Watergate.

[China]

Paparazzi photographer who took topless pictures of Duchess of Cambridge set to be arrested by French police

French judicial police are preparing to arrest a paparazzi linked to topless photographs of the Duchess of Cambridge, it emerged tonight.

It follows confirmation that the name of the photographer had been handed over to detectives investigating the alleged crime.

It took place in September at Chateau d’Autet, a holiday retreat in Provence owned by the Queen’s nephew, Viscount Linley.

Click on the link for the full article

[Kindred]

S. 1301 (108th): Video Voyeurism Prevention Act of 2004

OFFICIAL SUMMARY

This summary was written by the Congressional Research Service, a nonpartisan arm of the Library of Congress. GovTrack did not write and has no control over these summaries.

12/23/2004--Public Law. Video Voyeurism Prevention Act of 2004 - Amends the Federal criminal code to prohibit knowingly videotaping, photographing, filming, recording by any means, or broadcasting an image of a private area of an individual, without that individual's consent, under circumstances in which that individual has a reasonable expectation of privacy.

(Defines a "private area" as the naked or undergarment clad genitals, pubic area, buttocks, or female breast of an individual.) Makes such prohibition inapplicable to lawful law enforcement, correctional, or intelligence activity.

S. 1301 (108th): Video Voyeurism Prevention Act of 2004

http://www.govtrack.us/congress/bills/108/s1301

[Special K]

Hopefully someone gets pics of the arrest

[AsburySkinsFan]

Paparazzi photographer who took topless pictures of Duchess of Cambridge set to be arrested by French police

Yep, a vital part of journalism, and yep just a slap on the wrist. I'm so glad the oppressive censorship government in France protects the rights of individuals more than some posters on here would.

[Gibbs Hog Heaven]

Waiting in earnest for JMS to comment on this doubtless perceived latest miscarriage of justice against a photographer just making a honest living. Or however he's spinning it today.

Hail.