Fuck!!! Arrested Just Because Taking a Photo of Woman's Back!!!

[xenomorph42]

Well then, another Japan paradox - a place where it is illegal to take someone's picture while it is impossible to take a picture without someone in it.

Another Conundrum! How can anyone find out? Are the police going to start to stake people out as to who shot what??? This is so over the top ridiculous!:rolleyes:

[Iraira]

So, my collection of drunks passed-out in public could get me in trouble? Some of them appear to be smiling in the pictures, but that might be due to excessive inebriation.....fuck it, I'll just say that I was drunk and don't remember taking the pictures....case closed.

[BO-SENSEI]

I don't think the guy should have been arrested but I don't think he should have done such a thing also, I mean I don't see the need to take out my cell phone and take a pic of every girls panties I see, but then again I have photographic memory.
It should be like taking pics of the Navy ships in San Diego, some official comes by and asks you to delete the shot since its a security issue, just make sure they delete the shot, they need to be arrested, that's just a waste of time. Also, I can't tell you the number of times I have seen old guys on escalators look up the skirts of young girls, must be lonely to do something so juvenile.

[Marked Trail]

... arrested because he took a photo of [SIZE="5"]woman's back[/SIZE] by his mobile phone.

Strictly for the purpose of informed discussion...


Photo via Dannychoo.com.

[Takechanpoo]

This incident leads the fact that bikkle, who allow members to upload thousands of random Japanese pics, too must be arrested.

[Greji]

This incident leads the fact that bikkle, who allow members to upload thousands of random Japanese pics, too must be arrested.

Too late. He's already in Jail. We will next discuss your uploads.....

[2triky]

Too late. He's already in Jail. We will next discuss your uploads.....

Somebody please opine on the legality of this photo. The people must know.

[Greji]

Somebody please opine on the legality of this photo. The people must know.

You know, that really isn't fair, now I'm getting a stiffy.....

[2triky]

You know, that really isn't fair, now I'm getting a stiffy.....

That's a legal opinion if I've ever heard one

[Greji]

That's a legal opinion if I've ever heard one

I'm still in Roppongi. Maybe I can get a second opinion.....

[xenomorph42]

Strictly for the purpose of informed discussion...


Photo via Dannychoo.com.

Then again, instead of arresting the guy for taking illegal shots of women, they need to arrest women(or men) that have the audacity to have a serious lack of fashion sense! OMFG! Talk about a serious crime!
This should be on the law books.

[2triky]

Then again, instead of arresting the guy for taking illegal shots of women, they need to arrest women(or men) that have the audacity to have a serious lack of fashion sense! OMFG! Talk about a serious crime!
This should be on the law books.

Yup, that outfit is front to back WHACK.

[BO-SENSEI]

Then again, instead of arresting the guy for taking illegal shots of women, they need to arrest women(or men) that have the audacity to have a serious lack of fashion sense! OMFG! Talk about a serious crime!
This should be on the law books.

I agree with that, but doesn't the Japanese constitution have something about Freedom of Expression too, I don't think arresting people because they have no fashion sense could be allowed, but then again, that girl's outfit makes me question whether Japan does or does not have indecent exposure laws.

[Mulboyne]

There's a little bit of confusion above. You can be arrested under nuisance laws for taking certain types of picture. Upskirt photography is one obvious example. The point Takepoo was making in his original post is that he believes that the definition of nuisance photography has expanded too far.

However, there are plenty of examples of photography which do not fall foul of any nuisance laws but there are still laws and regulations which govern how you then use any images and that's a separate matter. In short, you can freely take certain pictures of people without their consent but only use them with their consent. There are also laws which govern the re-use of images and others which relate to a public figure's image rights. These issues sometimes overlap but, by and large, they are different points of law.

If my picture appears in a newspaper or on a blog without my permission then it is a privacy issue and not a violation of my image rights unless I can demonstrate that my image is my livelihood (which I could if I was a tarento or some such). However, by and large, Japanese courts have ruled that it is not a privacy issue if it can be shown that I have knowingly placed myself in a public space and am featured as part of a crowd. That's why that baseball fan photo above passes muster. If however, the same photo was subsequently used in a marketing campaign then it would require the consent of those featured.