Share article:
Share article:


Publisher’s Note:

Michael and I received an e-mail with a link to Andrea Monti’s blog article onStreet Photography and The Law In Italy.  It is not Luminous Landscape’s normal policy to provide links to an off site blog, but we thought we would make an exception here.  Both of us really enjoy doing street photography and now more then ever before the sensitive question of what is legal and what are the laws comes up often.  We have heard stories from every country where photographers are being harassed and even arrested in public places for taking photographs.  Thus we thought this would be a good blog article to share.  While the laws in this article pertain to Italy, they also are similar in many other cities and countries. 


 

Street Photography and Italian Law – Some Practical Information

by Andrea Monti

Andrea Monti’s Blog – Italy Street Photography and The Law

To cut a long story short, Italian law follows a similar approach to other western jurisdictions and – in particular – Articles 8 and 10 of the European Convention on Human Rights.

So, shooting and publishing candid pictures is legal as long as they are taken in public spaces, not for profit, without damaging the dignity of a person or endangering public safety and moral. If these requisites are met, there are no privacy-related issues to be feared. O n the contrary, and until case law says something different , the Italian Data Protection Act can be interpreted so that it is possible to prevent a professional photographer doing his job, while leaving the “amateur” free from any legal encumbrance.

Although the legal theory is clear enough, reality is a horse of a different color.  It is possible for a photographer to be confronted by a policeman regarding the protest of a candidly portrayed person. As a matter of fact, street-photography is not per-se illegal, since as the Italian Supreme Court case law affirms, in public there is no reasonable privacy expectation. Thus the police – unless a serious crime has been committed – neither has the right to (temporary) arrest a photographer nor to seize a photographer’s camera, let alone to order the deletion of a picture. The only one allowed to issue this order is the public prosecutor. The prosecutor and nobody else.

If you are taken to a police station, just because the officer is not able to sort out your situation on the spot,  you’re not “charged” or “arrested” so you don’t have the “right to place a call”. Nevertheless it is a good idea to have at hand the phone number either of the local journalist association or the local chapter of the FIAF (Federazione Italiana Associazioni Fotografiche) an Italian nation-wide amateur photographer association that might provide some help. Look for other similar organizations in your home country or the country you are photographing in.

And, yes, just in case you ask, Italy is supposed to be a democratic country.

Lost

By Andrea Monti

January, 2014

Read this story and all the best stories on The Luminous Landscape

The author has made this story available to Luminous Landscape members only. Upgrade to get instant access to this story and other benefits available only to members.

Why choose us?

Luminous-Landscape is a membership site. Our website contains over 5300 articles on almost every topic, camera, lens and printer you can imagine. Our membership model is simple, just $2 a month ($24.00 USD a year). This $24 gains you access to a wealth of information including all our past and future video tutorials on such topics as Lightroom, Capture One, Printing, file management and dozens of interviews and travel videos.

  • New Articles every few days
  • All original content found nowhere else on the web
  • No Pop Up Google Sense ads – Our advertisers are photo related
  • Download/stream video to any device
  • NEW videos monthly
  • Top well-known photographer contributors
  • Posts from industry leaders
  • Speciality Photography Workshops
  • Mobile device scalable
  • Exclusive video interviews
  • Special vendor offers for members
  • Hands On Product reviews
  • FREE – User Forum. One of the most read user forums on the internet
  • Access to our community Buy and Sell pages; for members only.
Share article:
Photography is my passion and has been for 45 plus years. My career in photography has allowed me to travel the world, meet some of the most interesting people on the planet and see things I could never have dreamed of. My goal is to share the passion of pictures taking through photographs and teaching with as many people as I can hoping it brings them as much joy and happiness as it has me. I do this through Rockhopper Workshops and other projects as well as teaching at my Gallery in Indianapolis.
See all articles by this author

You may also like

IMG
Techniques

The Referent Part 4 - Creating Art

There are no mistakes in art, only attempts - and why that changes everything about how you create.
Alain Briot

Alain Briot

·

September 15, 2025

·

7 minutes read


DSCF DxO
Camera & Technology

The GFX lens line (or the parts of it that I’ve personally experienced)

FacebookTweet As I wrote the reviews of the GFX 100SII and the 500mm f5.6, I realized that I’ve now used enough of the GFX lens...
Dan Wells

Dan Wells

·

September 6, 2025

·

10 minutes read