Most people, when visiting a foreign country, try to learn a bit about where they’re going so they don’t make any social faux pas (like these), or, perhaps even more importantly, so they don’t get into trouble (this woman learned that lesson the hard way).
Still, it’s admittedly difficult to learn the ins and outs of every culture. If you don’t read the “right” publication, you might not know which countries don’t allow people to wear camouflage or the time of day when it may be illegal to take a photo of the Eiffel Tower.
And speaking of photography, there are important guidelines in Japan when it comes to taking pictures. The thing is, most people aren’t aware of them.
In the Japanese culture, taking pictures of others without their permission is generally frowned upon. Don’t get me wrong – it is LEGAL to take photos in public spaces, even if strangers are in the photos – that’s part of the Japanese constitutional guarantee when it comes to freedom of expression. But there’s no clear descriptor of what a “public space” is (although if an area doesn’t allow photography, they’re excellent at telling you that).
And yet, at the same time, there are privacy laws that visitors need to abide by.
What is a visitor to do?
The Japan Society for Digital Archive has guidelines for taking photos in public spaces without getting every person’s permission. According to them, the best practices are:
- When focusing on a specific subject, avoid taking photos from the front with their face completely visible.
- Avoid photos that might show the subject in a negative context.
- Street photography is usually not a problem when photographing a large crowd without a specific focus on any individual.
- It is also usually okay to take photos/film performances in public places.
A big caveat:
The guidelines above are for personal photography. When the photos are intended for commercial use (i.e. advertising, images on products, video games, movies, and monetized or sponsored social media content), and you use someone’s image without their permission, they can sue for damages.
The bottom line is, if you’re filming a place – Philosopher’s Walk in Kyoto, or the streets of Asakusa, or any public place (where there are no signs to not take photos), and it’s just for your own personal use, you’re fine, even if there are people in the photo. But if you’re taking a photo of a single person or small group of people – a cute group of schoolchildren, a Geisha, cosplayers in Harajuku, etc. – it’s best to ask permission first (“Sumimasen, shashin o totte mo ii desu ka?” means “Excuse me, can I take a picture of you?”) and if they say “no,” respect that and walk away.
Keep in mind that if someone complains about you taking pictures while you’re in Japan, you could wind up in jail. So take your photos, but be respectful and adhere to it when you’re told no or to stop.
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