The previous chapter included examples of how photography became a powerful force for global awareness and social change. In this chapter, we'll look more closely at some of the ethical questions that come with the power of photography, as well as how visual perception skills are related to visual stereotypes.
We’ve seen how photography helped improve the world and spread awareness of problems. But photography has often been used as tool of powerful people and groups to share information with other relatively powerful people. Some critics question whether photography can really make a difference, and whether it is ethical to capture images of other people, particularly in situations of crisis and war.
Key ideas:
Related slides for reference
✓ Susan Sontag wrote, "There is an aggression implicit in every use of the camera." What did she mean? Why is she critical of photography?
🗨 Do you think photographers are “vultures” who prey on people or use misfortune for their own gain? In what ways do you think this view is true or untrue?
Can you take a photo? In most cases in the United States, yes. The First Amendment protects the right to photograph anyone if you are standing on public property open to foot traffic. This includes photographing children, medical emergencies, government facilities, etc. But the First Amendment does not give photographers the right to break laws that apply to everyone, like jaywalking or obstructing traffic.
Can anyone make you erase your photos? No. Once you take a photo, it’s your property. Law enforcement cannot legally make you erase photos, but you can be legally compelled to hand over the photos later. (This came up in Seattle in 2020 related to journalists’ unpublished photos of protests.)
Can you photograph in privately owned spaces? Yes, if the space is open to the public with no “reasonable expectation of privacy.” Basically, if other people expect to be seen at a place, they could expect to be photographed. However, if an employee asks you to stop photographing, you have to comply or leave — otherwise it’s trespassing.
Can you publish a photo? In most cases, yes, but the purpose matters. The First Amendment protects the news publication of most images with news value. Media can get sued for invasion of privacy, however. The most common types are:
✓ Comprehension review for legal considerations:
Watch this video from Canon, one of the major camera companies. It’s set up as a social experiment to make a point about how photographers’ expectations shape the photos they take.
Key ideas:
Related slides for reference
🗨 What is something about your own personal appearance that may affect how people perceive you because of visual stereotypes? This could be a choice such as fashion preferences or an inherent trait such as hair or skin color. (You might also think of an example from the past, like a trend from when you were younger, or ask a friend or family member about their own experience.)
Camera companies in the United States originally marketed their products to white consumers, and both camera and film technology was designed for very light skin. This approach still persists with recent examples of facial recognition algorithms and personal devices that don’t identify as quickly or accurately with darker skin tones. Watch this explainer video from Vox:
Additional recommended reading:
🗨 Think of a celebrity with darker skin and use Google Images to quickly view many photos. Look for examples where the lighting is good and examples where the lighting is not good. What do you notice about whether the lighting turns out well or not? (If you’re not sure, this Adobe article may be helpful for ideas.)