it is not illegal to video or photo public, but it is is a violation of portrait and privacy rights to share online although not stated to be a crime in this guidance.
Surreptitiously filming or photo in non-public setting is illegal and criminal.
Edit: So filming someone in public even if they’re yelling stop, is not illegal because they are fully aware of it and it’s not being done surreptitiously. But if you share them online then it’s a violation of portrait and privacy rights.
Wait … so based on this, every newspaper photo of a crowd outside would require permission from all the people in the photo?! (Since they’re after all in an online platform, i.e. the newspaper’s website.) That can’t be right!
There are numerous threads about legality of photographing in public, but I’m not sure how much they go into posting things online:
Photographing or surreptitiously filming people engaged in non public activities, talking, engaged in conversation or their private parts, without consent,…
Looks like this notice is aimed at SE Asian foreign workers. Sounds like one of them secretly filmed a meeting where their boss talked about something illegal?
What the Criminal Code actually says is that you can’t do it without a legitimate purpose (the exact wording is probably in one of the linked threads). Journalism is generally presumed to be legitimate in the legal sense, because democracy and all that.
If the area is public and have CCTV cameras, then yea you aren’t breaking any laws filming them. I mean otherwise all the CCTV cameras would be illegal.
I seen people post CCTV camera footage online when they discover criminal activities, I am not sure the legality of this…
I’ve seen many, many Taiwanese streamers on Twitch and FB whose modus operandi is livestreaming while walking around in public places.
These are often Taiwanese tourist spots with people visible in the background. Also these streams are absolutely commercial, as the streamers accept tips.
The law here is you may photograph anyone in public and don’t need their permission. Just look at the 尋寶 Facebook posts. Photographers set up all over north Taiwan every weekend to shoot joggers and cyclists, surfers etc. No one ever, ever takes issue. Except that one foreign dude who went mental at Waiao cos a guy with an 800 mm lens took photos of the school kids the big nose was looking after. That got very nasty.
That seems clear enough (well, maybe it’s not clear, but it’s what I’ve read repeatedly here over the years): but what about then putting the photos or video online? Are there rules about that?
In theory I think you could be sued. In practice it has never happened.
I shoot night markets etc. all the time. There is no way I’d ask consent for those shots. By definition a tourist night market expects photos to be taken. Of course if you monetize them it’s a whole other ball game.
When was this? I was at Wai’ao before where these middle aged taiwanese was taking creepy photos of all the girls in bikinis. I had to block him with surfboard as he was trying to take photos of people with me.
But I guess since he just keeps those creepy photos in his dark room at night, then that’s totally acceptable /s
I think a coupla years ago. There’s almost always a guy on the wall that extends out. But he shoots surfers and chicks and chick surfers so it’s a gray area. Plus Taiwanese girls don’t seem to mind being photographed. I’ve seen guys in the bushes at Huashan too, trying to get sneaky upskirts of picnickers.
