Invasion of privacy through photography, videography: A legal analysis

SHALOM MUTUKUMIRA AND FUNGAI CHIMWAMUROMBE

Videography and photography are powerful tools for capturing moments, telling stories, and conveying messages.

While photography focuses on still images, videography involves the recording of video content. These media are essential to contemporary communication and expression since they are widely used on a variety of platforms, such as news sources, stock media (Shutterstock, Getty Images), and social media (Instagram, TikTok, YouTube).This article examines the relevant laws and possible measures for victims of privacy violations under legal framework.The Right to Privacy in ZimbabweThe Zimbabwean Constitution, specifically Section 57, guarantees the right to privacy. This fundamental right protects individuals from arbitrary interference with their privacy, including through photography or videography.Invasion of Privacy through Photography or VideographyInvasion of privacy can occur through various means, including:Taking photos or videos without consent: Capturing images or videos of individuals without their consent, particularly in private settings or situations where a reasonable expectation of privacy exists.Publishing or sharing photos or videos without consent: Sharing or publishing photos or videos of individuals without their consent, potentially causing harm or distress.Potential Remedies for VictimsThose whose privacy has been violated by photography or videography may pursue legal lawsuits to recover damages or obtain orders to stop future violations. Perpetrators may also be subject to criminal culpability, depending on the specifics, giving victims options for accountability and compensation.Relevant Laws and Regulationslaws and regulations governing invasion of privacy include:The Constitution: Section 57 guarantees the right to privacy.The Cyber and Data Protection Act Chapter 12:07: Addresses cyber-related offenses, including potential invasion of privacy and regulates the processing of personal data, including images and videos.ConclusionPrivacy invasion via photography or filming is a major problem. Protecting individual privacy rights requires an understanding of the pertinent laws and regulations. Criminal prosecution or civil litigation are two options available to victims of privacy breach. As technology continues to evolve, it is essential to ensure that laws and regulations keep pace to protect individual privacy rights effectively.