Why do some shopping malls have notices claiming that photography is banned?

The British newspaper, the Guardian did a lot of journalistic investigation into what are called "Pseudo public spaces". Here is a link to take you off on a disturbing journey.

Google Guardian and private public spaces for more disturbing stuff.

I live in Italy and there is a "terror" of "professional" photography in Italy's monuments. A tripod is the barrier here between amateur and professional photography in the eyes of the security jobsworths.

I have a huge collection of photographs of Italian monuments, which technically I can look at home, but cannot publish.

France has some pretty tight laws about photography in public spaces, and photographing the Eiffel tower at night is illegal

The Bonapartists in France have the same terror as the Italians regarding photography. and the two countries both have "Freedom of Panorama" laws, that our very own DPR wrote about.

I once innocently went to a local shopping mall to photograph a spiral staircase, that I had done the structural engineering. I got stopped by the guards, but I spoke with management and got permission to shoot when the mall was closed.



615550bf99d74a809e656c3294b290da.jpg





--
“Everyone sees what you appear to be, few experience what you really are.”
- Niccolo` Machiavelli.
 
There are plenty of amateur photos online of the area I took photos of, so I doubt the rule is particularly enforced. It looks like this discreet notice has been there since at least the mid 2000s from a couple of things I could find online, and was probably there since the area opened in 1999, and there's a possibility that the rule would have been better enforced 20 years ago, but photography has become so commonplace that most places that claim to have restrictions turn a blind eye to it these days.
Exactly. It's kind of there as a legal disclaimer.
As far as I know, it is legal to take photos in the UK of private land without any form of permission (certainly for non commercial purposes) provided that they are taken from a public right of way (public rights of way can cut through private land). I have a feeling that the walkways along the canal here were there in some form before the late 1990s when this development dates from and so wouldn't be surprised if they are public rights of way.
You can take pictures of private land, but not on private land, if the owner of the land prohibits it. It's civil, not criminal law. The National Trust, for instance, doesn't ban photography, clearly it would put off visitors, but they do ban commercial photography unless you pay. If you publish pictures taken on NT property for gain, they might come after you (it depends on the type of property, of course, but it's their choice).
I know in the case of the centre in the UK city of Bath, Milsom Street for example does count for legal purposes as a public place while the outdoor Southgate development legally speaking counts as private land. There is an outdoor smoking ban in the Southgate area while there are no restrictions on outdoor smoking in other parts of the city centre. I think generally speaking, nearly all public places (with exceptions) are open to the public, but not all areas open to the public are public places.
In the UK trespass is mostly a civil matter. If the landowner allows people onto their property, those people are bound by an implied contract. The notices make clear what is the terms of the contract. It can be anything the landowner likes, it doesn't have to be reasonable. But as in most civil law, the remedy is to sue you, and in many cases the landowner isn't going to find taking a case it worthwhile.

The legal purposes of a 'public place' depends on the legality that you're talking about. There are things that a criminally illegal in public spaces, which I think generally means spaces to which the public has access. That doesn't mean that for all legal purposes these spaces are public.
 
There are plenty of amateur photos online of the area I took photos of, so I doubt the rule is particularly enforced. It looks like this discreet notice has been there since at least the mid 2000s from a couple of things I could find online, and was probably there since the area opened in 1999, and there's a possibility that the rule would have been better enforced 20 years ago, but photography has become so commonplace that most places that claim to have restrictions turn a blind eye to it these days.

As far as I know, it is legal to take photos in the UK of private land without any form of permission (certainly for non commercial purposes) provided that they are taken from a public right of way (public rights of way can cut through private land). I have a feeling that the walkways along the canal here were there in some form before the late 1990s when this development dates from and so wouldn't be surprised if they are public rights of way.

I know in the case of the centre in the UK city of Bath, Milsom Street for example does count for legal purposes as a public place while the outdoor Southgate development legally speaking counts as private land. There is an outdoor smoking ban in the Southgate area while there are no restrictions on outdoor smoking in other parts of the city centre. I think generally speaking, nearly all public places (with exceptions) are open to the public, but not all areas open to the public are public places.
Don't be too quick to assume that those pathways and thers like them, will be public right of way. Their age is no indicator.

Large areas of the Southbank and beyond along the Thames, while in constant and uninterupted use by the public, are, in fact, privately owned.

Did you know, for example, that you're not allowed to take photigraphs directly next to the London Eye? Everyone does, of course and the rule is unenforcable but unless the rules have changed recentlly a ban does exist.


"It's good to be . . . . . . . . . Me!"
 
Lol, I actually live in the British town of Reading and regularly pass through the Oracle. I've never even noticed the no photos signs and I've taken plenty of snaps there. I suppose security might possibly get arsey if you looked commercial.
I think you're right.

I used to frequent Borough Market and have taken probably hundreds of shots in there using crop frame DSLRs without any issues.

It all changed when I got a Z7 though. The security guy ; who's intelligence was in inverse proportion to his uniform, insisted that because I was using a "professional" camera, I must have been taking shots commercially.

I haven't ben back since.
The security guard was probably not fully baked, or a few loaves short of a dozen if you get my meaning. Probably bored and wanted to push his weight around to stop himself/herself falling asleep on the job.
No.

It happened twice.

Being a half-wit is a prerequisite for most security jobs.


"It's good to be . . . . . . . . . Me!"
 
It’s private land. The owners can put up any restrictions they like for granting access (within the law, and possibly local bylaws). They don’t have to justify it, or even have a reason judged ‘valid’ by the internet. Just go to a different shopping centre with a different policy.
 
I was in the British town of Reading earlier today and noticed that both its main two shopping malls had discreet photography prohibition notices by their entrances, in both cases featuring a pictogram of a crossed through camera. Other than the fact that shopping malls are technically private property, I don't really see any rational for banning photography inside such a place when it's perfectly fine to take photos on an outdoor shopping street in the UK, and photography bans are generally these days associated only with security checkpoints, cinemas and specific museums (and were historically more common in a wider range of museums and venues).

In the case of the larger of the two shopping malls, I later saw a discreet outdoor prohibition sign claiming the same thing, but by that point I had already taken numerous supposedly "prohibited" photos on the grounds with my DSLR:

The canal by The Oracle shopping centre in Reading, UK, taken earlier today on one of my DSLRs. There are some discreet outdoor prohibition pictograms at the external entrances to this area, one of which appears to claim "no photography". There is nothing here that would be dodgy to photograph.
The canal by The Oracle shopping centre in Reading, UK, taken earlier today on one of my DSLRs. There are some discreet outdoor prohibition pictograms at the external entrances to this area, one of which appears to claim "no photography". There is nothing here that would be dodgy to photograph.

There were a number of cases I've read about from the 2000s where various British shopping malls claimed that photography was banned on the grounds of "security", but even then, I believe passengers can take photos of British airport terminal lounges (just not the security checkpoints) so I don't really get what the catch is. Allowing photography inside a mall is very unlikely to increase shoplifting rates either. I don't think using security as a rationale for prohibiting photography in a retail (or walkway, in the case of a mall) environment really makes much sense. I believe a handful of British shopping malls have also used "architectural copyright" as a ground for restricting photography even though this is baseless under UK law since Britain has among the world's most liberal freedom of panorama laws.

I would generally interpret "no photography" signs at entrances to places like shopping malls these days to generally mean "professional photographers require permission from the management" as opposed to an outright ban on photography, especially given that most people nowadays walk around with a camera in their pocket.

An even stranger prohibition until a few years ago at a shopping mall close to where I live (which did not have a photography prohibition notice) was "no hoodies".
I live in France and in my experience there is a sign saying "No photography" at the entry to ALL shopping malls. There may be restrictions on other indoor facilities like museums, sports halls and "public" parks. I always ask before getting the camera out.

The only place where I can do Street Photography is outside, on the street.

Why would the situation be different in the UK?
 
It’s private land. The owners can put up any restrictions they like for granting access (within the law, and possibly local bylaws). They don’t have to justify it, or even have a reason judged ‘valid’ by the internet. Just go to a different shopping centre with a different policy.
It’s contagious though. Like a virus or disease that should be fought against.
 
I was in the British town of Reading earlier today and noticed that both its main two shopping malls had discreet photography prohibition notices by their entrances, in both cases featuring a pictogram of a crossed through camera. Other than the fact that shopping malls are technically private property, I don't really see any rational for banning photography inside such a place when it's perfectly fine to take photos on an outdoor shopping street in the UK, and photography bans are generally these days associated only with security checkpoints, cinemas and specific museums (and were historically more common in a wider range of museums and venues).

In the case of the larger of the two shopping malls, I later saw a discreet outdoor prohibition sign claiming the same thing, but by that point I had already taken numerous supposedly "prohibited" photos on the grounds with my DSLR:

The canal by The Oracle shopping centre in Reading, UK, taken earlier today on one of my DSLRs. There are some discreet outdoor prohibition pictograms at the external entrances to this area, one of which appears to claim "no photography". There is nothing here that would be dodgy to photograph.
The canal by The Oracle shopping centre in Reading, UK, taken earlier today on one of my DSLRs. There are some discreet outdoor prohibition pictograms at the external entrances to this area, one of which appears to claim "no photography". There is nothing here that would be dodgy to photograph.

There were a number of cases I've read about from the 2000s where various British shopping malls claimed that photography was banned on the grounds of "security", but even then, I believe passengers can take photos of British airport terminal lounges (just not the security checkpoints) so I don't really get what the catch is. Allowing photography inside a mall is very unlikely to increase shoplifting rates either. I don't think using security as a rationale for prohibiting photography in a retail (or walkway, in the case of a mall) environment really makes much sense. I believe a handful of British shopping malls have also used "architectural copyright" as a ground for restricting photography even though this is baseless under UK law since Britain has among the world's most liberal freedom of panorama laws.

I would generally interpret "no photography" signs at entrances to places like shopping malls these days to generally mean "professional photographers require permission from the management" as opposed to an outright ban on photography, especially given that most people nowadays walk around with a camera in their pocket.

An even stranger prohibition until a few years ago at a shopping mall close to where I live (which did not have a photography prohibition notice) was "no hoodies".
I live in France and in my experience there is a sign saying "No photography" at the entry to ALL shopping malls. There may be restrictions on other indoor facilities like museums, sports halls and "public" parks. I always ask before getting the camera out.

The only place where I can do Street Photography is outside, on the street.

Why would the situation be different in the UK?
Why would the UK have the same petty rules as France. France have yet to conquer the UK in recent times, try as they might.
 
Maybe it's a British thing because I have never seen that in the US.
It's quite common. Indoor malls where I live all have that policy. Also, fast food restaurants like McDonalds/Wendys/BurgerKing.

It's a blanket policy so security doesn't have to make decisions about whether a particular photo shoot is commercial or disruptive. It's simpler to ban it all.

Of course, they can issue permits for commercial exceptions, either for the owners purposes or for a fee.

As for smartphones; it's rare that they stop their use. I've even seen photo stands pop up in the malls lately. Just backdrops, not photo stands that take pictures.

There are some places in downtown areas that have been leased to a commercial management company, including sidewalks, where photography is also banned. Same argument; they want to control commercial photography and they use a blanket ban to enforce it.
 
It’s private land. The owners can put up any restrictions they like for granting access (within the law, and possibly local bylaws). They don’t have to justify it, or even have a reason judged ‘valid’ by the internet. Just go to a different shopping centre with a different policy.
It’s contagious though. Like a virus or disease that should be fought against.
I wouldn’t want people in my back garden taking photographs if I hadn’t invited them to do so. Just because it’s a company doesn’t make it any different.
 
You can take pictures of private land, but not on private land, if the owner of the land prohibits it. It's civil, not criminal law.
There are some restrictions to that under the Official Secrets act (Prohibited Places), but I’ve never seen a list of exactly where is a Prohibited Place. Some military bases are also off limits (although for a different reason).
 
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Lol, I actually live in the British town of Reading and regularly pass through the Oracle. I've never even noticed the no photos signs and I've taken plenty of snaps there. I suppose security might possibly get arsey if you looked commercial. God knows what the oracle thinks it's protecting though.
I'm surprised to see Reading pop up a few times on Dpreview boards. After all it not the best place I would like bring a camera with me but there are some good areas. The other time it popped up on Dpreview I know of when someone took a photo, maybe outside the same mall and got confronted by an irate man.

I myself had an incident outside Reading station four in the morning. Someone tried to steal my wallet as I was making my way to catch the coach to Heathrow Airport. I had my suitcase and my camera backpack on me.
 
It’s private land. The owners can put up any restrictions they like for granting access (within the law, and possibly local bylaws). They don’t have to justify it, or even have a reason judged ‘valid’ by the internet. Just go to a different shopping centre with a different policy.
It’s contagious though. Like a virus or disease that should be fought against.
I wouldn’t want people in my back garden taking photographs if I hadn’t invited them to do so. Just because it’s a company doesn’t make it any different.
If your back garden is overlooked by houses or publicly accessible land then anyone is perfectly at liberty to photograph anything they can see with their eyes. That’s not to say they can snoop into your toilet window of course or to harass you with surveillance, but otherwise there is nothing wrong with taking photographs of anything that can be seen from a public space. Not in the vast majority of jurisdictions or countries.

What you ‘want’ is a different matter. Want total privacy? Then you have to make provision yourself to block all visibility in to your property, which usually means blocking all visibility out as well.
 
It’s private land. The owners can put up any restrictions they like for granting access (within the law, and possibly local bylaws). They don’t have to justify it, or even have a reason judged ‘valid’ by the internet. Just go to a different shopping centre with a different policy.
It’s contagious though. Like a virus or disease that should be fought against.
I wouldn’t want people in my back garden taking photographs if I hadn’t invited them to do so. Just because it’s a company doesn’t make it any different.
If your back garden is overlooked by houses or publicly accessible land then anyone is perfectly at liberty to photograph anything they can see with their eyes. That’s not to say they can snoop into your toilet window of course or to harass you with surveillance, but otherwise there is nothing wrong with taking photographs of anything that can be seen from a public space. Not in the vast majority of jurisdictions or countries.

What you ‘want’ is a different matter. Want total privacy? Then you have to make provision yourself to block all visibility in to your property, which usually means blocking all visibility out as well.
I understand that, but what some people are wanting in this thread is the ability to go onto private property and take photographs without asking permission (as I said in my response being “in my back garden taking photographs”), which is completely different to taking photographs of private property from a public space, which is what your examples are.
 
It's a rude experience to be in a private space and have someone shove a camera in your face, or worse yet, lurk and photograph you remotely for who knows WHAT purpose.
THAT'S WHY!

I don't understand your post.
Is the point of your post that you desperately want to photograph inside of a mall and feel so ENTITLED to do whatever you want, that you are angry over any resistance?
You want to take photos of unsuspecting people while they shop on private property?
That boarders on the perverse.
 
Maybe it's a British thing because I have never seen that in the US.
It's quite common. Indoor malls where I live all have that policy. Also, fast food restaurants like McDonalds/Wendys/BurgerKing.

It's a blanket policy so security doesn't have to make decisions about whether a particular photo shoot is commercial or disruptive. It's simpler to ban it all.

Of course, they can issue permits for commercial exceptions, either for the owners purposes or for a fee.

As for smartphones; it's rare that they stop their use. I've even seen photo stands pop up in the malls lately. Just backdrops, not photo stands that take pictures.

There are some places in downtown areas that have been leased to a commercial management company, including sidewalks, where photography is also banned. Same argument; they want to control commercial photography and they use a blanket ban to enforce it.
Where do you live?
 
The British newspaper, the Guardian did a lot of journalistic investigation into what are called "Pseudo public spaces". Here is a link to take you off on a disturbing journey.
This is interesting and alarming but it's only referring to open air spaces like public parks. The original poster was talking about shopping malls which are obviously buildings that someone built therefore they have an owner
Google Guardian and private public spaces for more disturbing stuff.

I live in Italy and there is a "terror" of "professional" photography in Italy's monuments. A tripod is the barrier here between amateur and professional photography in the eyes of the security jobsworths.

I have a huge collection of photographs of Italian monuments, which technically I can look at home, but cannot publish.

France has some pretty tight laws about photography in public spaces, and photographing the Eiffel tower at night is illegal
I had a look through this piece from 2012. I hardly recognised anything as being true (and I do follow this subject). The writer doesn't provide pointers to any of the "French Laws" that he's interpreting. I would be interested to see them.

However it is illegal to photograph the illuminations of the Eiffel Tower at night and publish. The display is rightly classed as a Work of Art and is protected by copyright.
The Bonapartists in France have the same terror as the Italians regarding photography. and the two countries both have "Freedom of Panorama" laws, that our very own DPR wrote about.

I once innocently went to a local shopping mall to photograph a spiral staircase, that I had done the structural engineering. I got stopped by the guards, but I spoke with management and got permission to shoot when the mall was closed.

615550bf99d74a809e656c3294b290da.jpg
 
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It's a rude experience to be in a private space and have someone shove a camera in your face, or worse yet, lurk and photograph you remotely for who knows WHAT purpose.
THAT'S WHY!

I don't understand your post.
Is the point of your post that you desperately want to photograph inside of a mall and feel so ENTITLED to do whatever you want, that you are angry over any resistance?
You want to take photos of unsuspecting people while they shop on private property?
That boarders on the perverse.
While I'm not the OP, I didn't see in any of his comments anything that would indicate he'd be taking shots of individual people, either covertly or by shoving his camera in someone's face. Why assume creepy intentions when it's just as likely he could be taking wide-angle shots like this:

A snapshot of Christmas decorations in a shopping mall, 2012
A snapshot of Christmas decorations in a shopping mall, 2012

where the focus quite obviously isn't on any particular person, or the humans even really aren't the subject?
 
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There are plenty of amateur photos online of the area I took photos of, so I doubt the rule is particularly enforced. It looks like this discreet notice has been there since at least the mid 2000s from a couple of things I could find online, and was probably there since the area opened in 1999, and there's a possibility that the rule would have been better enforced 20 years ago, but photography has become so commonplace that most places that claim to have restrictions turn a blind eye to it these days.

As far as I know, it is legal to take photos in the UK of private land without any form of permission (certainly for non commercial purposes) provided that they are taken from a public right of way (public rights of way can cut through private land). I have a feeling that the walkways along the canal here were there in some form before the late 1990s when this development dates from and so wouldn't be surprised if they are public rights of way.

I know in the case of the centre in the UK city of Bath, Milsom Street for example does count for legal purposes as a public place while the outdoor Southgate development legally speaking counts as private land. There is an outdoor smoking ban in the Southgate area while there are no restrictions on outdoor smoking in other parts of the city centre. I think generally speaking, nearly all public places (with exceptions) are open to the public, but not all areas open to the public are public places.
I think that maybe you're assuming that the law is tidier than it is, that is that there is a single definition somewhere of what is a 'public place' and what counts as one. A quick Google reveals that three acts of parliaments define 'public space' within the terms of that act. Thankfully, they all do use the same definition, which:

includes any highway and any other premises of place to which at the material time the public have or are permitted to have access, whether on payment or otherwise.

It's then up to the courts to argue on a case by case basis whether specific spaces fit that criterion, establishing precedent as that go.

The question of whether it is 'legal' to take photos of private land, everything is 'legal' unless it is specifically illegal. It doesn't have to be private land. Let me give you a hypothetical example. I photograph Irish road motorcycle racing. Quite often, I photograph from peoples' front gardens, always with their permission. Suppose that one time that I was doing that and the next house belonged to a well known politician, and I happened to see them in their front room smoking what appeared to be a hallucinatory substance through a giant bong. Obviously the politician wants to stop me selling the photo. Had I taken the picture from his front garden he could sue me for trespass in the courts and gain an injunction to stop me doing it, citing the obvious damage to his reputation should I sell the photo. However, since I have taken it from his neighbours front garden, he can't, because it isn't his land. However, his neighbour could - because although I had his permission to use the front garden, it was for purposes of photographing the race, not the politician. The neighbour, should he wish, can sue me for trespass, because I broke the term of the implied contract.

So, the most the a premises owner can do is stop you photographing on their premises. They can't stop you photographing from other premises, whether it's a 'public space' or not, whether you have the owners' permission or not. The owner can sue you if they didn't give you permission, but that's for the act of trespass, not what you photographed.

Copyright is another issue, if you photograph a copyright work the owner of the copyright can sue you for infringing on their copyright, wherever you photographed it from.
 

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