Ethics:
Practical
Reality

“If the photographer cares about the people before the lens and is compassionate, much is given.

It is the photographer, not the camera, that is the instrument.” ~ Eve Arnold

Because the legal system gives street photographers immense freedom, the public pushback is often based on misunderstanding or personal discomfort rather than the law.  While photographers are left to police their own behavior, viewers should always consider any picture is just one person’s perception of the world.

What is really happening?
A photograph just a recording of a moment in public that anyone could have seen.  No soul is being stolen by a camera.   Nor is a person the subject of “violence”, “sublimated murder” nor an attempt to “exercise control over the subject”, as social critic Susan Sontag wrote in her 1977 book, On Photography.   A photograph is an artistic expression of the creator of a moment in time.  It’s really that simple.

Just because…doesn’t make it…
During a discussion about a given picture, a person may accept that it is legal, but they feel the frame is unethical, or disrespectful, and state “just because it is legal, doesn’t make the photo right.” The law does matter.  A society cannot be governed by random individual perceptions of morality or ethics. There are laws in part to create behavioral boundaries and a baseline of what is right or wrong. Often when people object to a picture (or any art) they are projecting their own bias onto it. Their objection often says more about their perceptions than the photographer’s work. In the end, each photographer makes their own decision about what is ethical.

Photographing Vulnerable Subjects:
Capturing people experiencing extreme hardship—such as unhoused individuals, people in severe mental distress, or individuals dealing with a medical emergency can cross crosses the line from documentary observation into exploitation without any context or story.  Every subject is certainly more than what any photograph represents. Street photography is very democratic and should represent all parts of life.
While photographing vulnerable subject can and often has created social change, it only occurs because of an equally strong narrative is provided to explain what has been documented.

Respecting Children and Minors:
While legally permissible in public spaces, photographing children frequently makes parents and guardians understandably protective and defensive.  Being obvious is usually the better approach.  If you see parents look uncomfortable, you can break the tension by approaching them explaining your motives and showing them sample of previous work.  Carrying business cards, which contains a QR code to your website which has samples work is a good idea. Another idea is offering to send parents digital copies of the pictures for free or be willing delete pictures if they prefer. 

No One Can Force Deletion: 
Neither a civilian, a security guard, nor a police officer can legally force you to delete an image or confiscate your camera equipment without a court order.

The Power of De-escalation: 
If a subject notices you and objects, a calm smile and an explanation ("I'm a street photographer capturing the energy of the city") usually diffuses the situation.  Consider using the moment to have a civil discussion about privacy rights opposed to callously enforcing your legal right.  Don’t be surprised, most people do not know the basic privacy laws. It is better to delete pictures, than to ruining someone else’s day.

Street Photography is difficult
Street photography is difficult because you continually balances between, artistic vision, legality, and public perception. A single photograph elicits different responses from viewers. Some will love your work, some won’t care, and some may vilify you for it. Striving to be ethical and being mindful of the situation photographed are good considerations and will vary depending on the photographer. Striving to be genuine, and honest in intentions is usually the better way, but doesn’t guarantee agreement. Controversy will always remain in street photography because the subjects are ourselves.