Can You Photograph Someone Without Permission?
Can You Photograph Someone Without Permission?
Whether it is legal to photograph someone without permission, or to publish or circulate a photograph of someone without permission, are questions that lawyers often get asked. This page outlines when it is legal to photograph someone without their permission in Australia, and when this may amount to a criminal offence or a tort.
Serious invasion of privacy
In 2025, the Privacy Act 1988 was amended and a statutory tort of serious invasion of privacy was introduced.
This means that a person now has a cause of action if another person intentionally or recklessly intrudes on their privacy in circumstances where they had a reasonable expectation of privacy, and the intrusion is serious.
Examples of behaviour that may be found to amount to a serious invasion of privacy include photographing or videoing someone in their home (including photography using a drone), photographing someone in a public bathroom or changing room, or in a private office.
Whether a person had a reasonable expectation of privacy will be assessed based on:
- how their privacy was invaded
- for what purpose their privacy was invaded
- their behaviour, including whether they had invited publicity or shown a desire for privacy
- where the intrusion occurred.
The addition of this cause of action in the Privacy Act 1988 represents a significant departure from previous Australian privacy law, under which there was no standalone tort for invasion of privacy. In the past, individuals who experienced an invasion of their privacy had to rely on indirect causes of action such as trespass or nuisance, but these were often ineffective.
The statutory tort contained in Schedule 2 of the Privacy Act 1988 gives individuals a clear right to sue for invasion of privacy. The tort applies to any person organisation whose conduct invades privacy, regardless of whether the Privacy Act 1988 previously applied to them.
When is it legal to photograph someone?
In Australia, it is generally legal to take a photograph of a person in a public place without their permission. This means that it is permissible to take photographs of crowds and individuals in public places and in situations where there is no reasonable expectation of privacy.
When is it not legal to photograph someone?
There are some situations where it is not legal to photograph a person, regardless of whether or not you have permission.
For example, it is not permissible to take photographs or videos in areas where this is prohibited such as inside a court or other government building.
It is also not permissible to photograph a person who is under 18 if they are naked or engaging in a sexual act. This amounts to a criminal offence regardless of whether the young person consents to being photographed.
Photographing a person vs publishing the photograph
When considering the legality of photographing a person without permission, it is important to be mindful of the distinction between taking a photograph and publishing or distributing a photograph.
There are numerous situations in which it is a criminal offence to publish or distribute a photograph of a person without their consent, some of which are outlined below.
Doxxing
Under section 474.17C of the Criminal Code 1995, it is a criminal offence to use a carriage service to publish personal information — including photographs — in circumstances that are menacing or harassing towards the person. This is commonly referred to as ‘doxxing’. This offence carries a maximum penalty of imprisonment for six years.
Publishing intimate images without consent
In all states and territories of Australia, there are criminal offences consisting of the publication of intimate images of a person without the person’s consent. This offence may occur either online or off-line and can attract severe penalties including imprisonment.
What to do if you are photographed without your consent
If someone is photographing you without your consent, the first practical step to take is to ask them to stop doing so and to delete the images.
If a person is filming or photographing you on your private property or in some other situation where you have a reasonable expectation of privacy and does not stop doing so when you ask them to, you should try to get as much information about the person and the device they are using as possible.
If a drone is being used, try to photograph or film the drone to capture its appearance, its flightpath, and its registration number as well as where it lands, and write down the date, time, and location it was filming, as well as what it was filming.
Most drones are required to be registered with the Civil Aviation Safety Authority (CASA). Once you have the drone’s details, you can report the matter to CASA, which may be able to identify the operator.
Once you know who was operating the drone, you can send them a letter advising them that their actions amount to the tort of serious invasion of privacy, and demand that they stop the behaviour. If the behaviour does not stop, you can apply to the court for an order.
If a person takes or shares intimate images of you without your consent, this is a criminal offence and should be reported to the police. If intimate images of you are shared on social media, you should contact the platform and report it. You may also want to consider making a complaint to the eSafety Commissioner.
If you need legal advice or assistance please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.
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Fernanda Dahlstrom
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Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.
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