18

I took a few flights recently, and for the first time ever (for me), all passengers were told before departing that "taking photos or videos of other passengers or crew is not permitted unless you get permission from them". Seems like this is really being enforced, because on one flight an elderly passenger who took a photo of his partner also got other people in the frame and a crew member sat down with him to get him to delete the photo.

One flight was from South America to Spain with Air Europa; the other one a flight within Europe with Transavia. This is the first time in many years that I have encountered this.

Is this something new? Where is this coming from? New legislation?

3 Answers3

16

Photos of people in airplanes specifically not permitted. [...] Where is this coming from?

Typically, from the airline policy, as it's the case in the US where airplanes are not considered public spaces:

Airlines have more power on planes because as private parties they are not bound by the First Amendment. "They are within their rights to establish these rules, they are within their rights to throw you off the aircraft if you continue filming," says Joseph Larsen, a media-law attorney in Houston.

Note that unlike planes, airports are considered public spaces in the US:

Lawyers who specialize in First Amendment or travel law say airlines generally cannot limit photography or video recording in an airport because it is a public space.

As Traveller mentioned, countries are increasingly restrictive about taking pictures in public spaces.

phoog
  • 143,317
  • 20
  • 298
  • 485
Franck Dernoncourt
  • 60,186
  • 35
  • 215
  • 416
14

Apart from the legal aspect, I could imagine another reason why new policies concerning filming (and photographing) on board have been established: 
There seems to be an increase in video footage of passengers and airline personnel in controversial situations (e.g. concerning enforcement of health-related mask mandates) going viral online in the last years. Maybe airlines want an easy way to at least control production of such footage.

Amazon Dies In Darkness
  • 365
  • 1
  • 8
  • 18
Dubu
  • 258
  • 1
  • 5
3

Surely it depends on the jurisdiction to which the plane is subject, just like with ships? The law of the country under whose flag the plane flies applies to everyone in the plane, just as it would on land. If that country specifies restrictions on photographing people you are bound by those. Airlines may presumably apply their own rules within that framework. You have no a priori rights on the basis of where you come from.

I am not a lawyer.

Stephen Winnall
  • 131
  • 2