Is it ethical or legal to publish a street photo taken just before a fatal accident?
Asked 8/15/2018
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If a street photographer unintentionally captures a moment immediately before someone is killed in an accident, is it ethical to publish that image in a newspaper, magazine, or on personal social media? Assume the person is not clearly identifiable, such as being photographed from behind. Does the answer differ depending on context, country, or publication type?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
7y ago
2 Answers
4
Ethics
In the professional world, this is by no means unheard of. Photojournalists do this for a living, and if they end up with a well-taken photo that has someone about to die, they'll still send it in, and it will often get published.
One example that comes to mind was from the photojournalist Eddie Adams, when he photographed the Execution of Nguyễn Văn Lém (Wikipedia link, but graphic picture if you look closely). Another, as posted in the comments on one of the answers, is The Falling Man, depicting a man falling from the Trade Center during the terrorist attack on 9/11.
Ethically, in a cultural sense, it's not wrong to do. Especially if the person cannot be easily identified, it's not an ethical problem. The only concern would be out of respect for the family if you chose not to publish it.
As far as personal/social media, I would treat it with caution. If this fits with the rest of your photos on Instagram (i.e., if you focus on pro/semi pro/amateur photography and the photo is well taken), I'd say go ahead. If it's going to take your audience by surprise, think twice about posting it. You could use it to make a point, but simply posting it on you IG filled with selfies, and saying "here's a pic of someone about to die" would be unprofessional at best and could cause issues.
The same advice would go for other social media venues (Facebook, careful about who on Snapchat).
Legality
According to this random website on the internet, It appears that legality can vary from country to country. In France, it appears to be illegal, while in the US or Uganda it does not appear to be against the law.
Further Reading
Medium: STOP! Read this before you post another RIP on social media
Originally by user38072. Source · Licensed CC BY-SA 4.0
user38072
7y ago
0
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There isn’t one universal rule. From the answers, this kind of image is not unheard of in photojournalism, and historically some very famous news photographs have shown people at or near the moment of death. In that sense, publication is not automatically considered unethical, especially when the person cannot be readily identified.
The main ethical concern raised is respect for the victim and their family. Even if publication could be justified journalistically, an editor or photographer might still choose not to publish out of sensitivity to grieving relatives.
Legally, the answers suggest it may depend on the country and context. Laws on privacy, press publication, and use of images vary, so there is no single answer that applies everywhere.
So the practical takeaway is: it can be ethically defensible, particularly in a news context and when the subject is not identifiable, but it remains a judgment call shaped by local law, editorial standards, and compassion for those affected.
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