Is It Possible To Take Pictures In The Store

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Is It Possible To Take Pictures In The Store
Is It Possible To Take Pictures In The Store

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Although it would be more correct to ask: "Is it possible to photograph everything in a store?" It often happens: one of the buyers takes out a camera or a smartphone in a store, tries to take a photo - someone from the store's employees or guards immediately approaches him and says: "It is forbidden to take pictures here!" It doesn't matter if a person wanted to shoot a product they liked on camera in order to discuss a possible purchase of a house, or photographed someone from family or friends in the background of the trading floor - the reaction is often the same. In most cases, claims from the administration and security are unfounded, but sometimes there are indeed restrictions established by laws.

Is it possible to take pictures in the store
Is it possible to take pictures in the store

All bans on filming in Russia are established either by federal laws or (in extreme cases) by bylaws - and there are no bans on amateur filming in stores. "Amateur" in this case is not the quality of the shooting, but its purpose. Amateur photography is considered to be that filming that is done by citizens for their personal use and does not relate to commercial activities. You cannot take, for example, advertising photos in the sales area without the consent of the store management.

The Constitution of the Russian Federation guarantees the right of every citizen to the freedom to search, receive and distribute information in any way that does not contradict the law. Federal Law “On Information, Information Technologies and Information Protection” No. 149-FZ dated July 27, 2006 in Art. 7 indicates that publicly available information can be used by anyone, provided that other laws are not violated. Is the store interior and product price tags publicly available? By definition, yes. The entrance to the store is open to everyone, and the price tags are visible to everyone. Accordingly, anyone can not only see them, but also - by virtue of the law on information - use this information for personal purposes.

Moreover, the placement of goods on the shelves and the indication of their price is, by virtue of Art. 437 of the Civil Code of the Russian Federation, a public offer (that is, an invitation to conclude an agreement, in this case - purchase and sale) to all buyers wishing to purchase goods. So there are no restrictions here.

Finally, there is also the consumer protection law. He explicitly states that the seller is obliged to provide the buyer with complete information about the product. Accordingly, what the buyer does with this information should not be touched by the seller.

Sometimes the staff of shops, forbidding to take photographs, tries to justify their position

For example, "the store is private property, here we set the rules." The rules cannot contradict the law, and the law does not give the right to prohibit the receipt of information. Article 209 of the Civil Code of the Russian Federation, which describes the rights of the owner, does not contain any instructions on this; there is no such thing in other acts - otherwise even writing down the price of goods in a notebook or simply looking at the shelves could be considered illegal.

What if other people come to the same store in the frame?

Article 152.1 of the Civil Code of the Russian Federation states that images (including photos) of a person can be used only with his consent. An exception is situations when the shooting was carried out in public places open for free visits (the image of a person should not be the main object); the man was a model, and he was paid for the shooting. Thus, if during the shooting in the store other people accidentally got into the frame, you should not worry - the main thing is that they are not the main subject in the frame.

What if you are still banned from filming?

If the security of the store still demands to stop filming, you can agree with them if you do not want to make a scandal. But still it is worth telling them about the illegality of their actions, or complaining. As practice shows, the most effective way is to call the store's hotline. Retail chains (especially large ones) are interested in buyers and, most likely, will help solve the problem.If not, then you can contact government agencies, for example, the prosecutor's office.

If you are forced to remove footage, you can refer to the consumer protection law, which states that every buyer has the right to receive as much information as possible about the product he is buying.

If you are required to hand over your camera or smartphone in order to delete the photos yourself, in no case do not succumb to provocations, do not encourage lawlessness. In case of conflict situations, point out directly to the store employees about the violation of the law and the possibility of contacting the police.

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