Chapter 6: Both Sides of the Lens

This chapter is not yet available. It will be unlocked before its assigned week during the semester.

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.

Justifying Photography

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:

  • Photography can be seen as an act of aggression or power when it involves using other people.
  • A photojournalist is an intermediary between the subject of the photograph and the public, and ethical questions arise when there is a conflict between what is best for the subject and what is best for the public.

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?


Legal Considerations

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 (This came up in Seattle in 2020 related to journalists’ unpublished photos of protests.)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:

  • False Light: false and unflattering portrayal
  • Intrusion: hidden cameras, trespassing
  • Misappropriation: using someone’s photo to sell things, like in an advertisement

✓ Comprehension review for legal considerations:

  • If you are at a protest, it is legal to take photos of police officers?
  • If you’re taking photos at a local business and the owner gets upset and demands you delete the photos, do you have to delete them?
  • Let’s suppose you have a job managing social media for a political candidate running for governor. The candidate is participating in a parade and you’re walking along to take photos as she shakes hands and passes out candy. Is it legal to take photos of kids watching the parade without asking their parents?

Visual Stereotypes

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:

  • The same skill of visual discrimination that helps us make sense of the world can also perpetuate stereotypes.
  • Representation in media affects how we see real life and ourselves.

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.)


Racism in Camera Technology

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.)