Fines And A Destroyed Phone For A Topless Cameraphone Snap Shot

from the details-please? dept

Rather than banning camera phones outright, we’re always suggesting that the focus be on criminal acts done via the phone — so it at first seems encouraging to find out that a man in Australia has been fined for taking camera phone photos of a topless woman. However, there are some things that are not entirely clear from the story. Apparently, the man took the photo at the beach — but it’s unclear what the situation was under which the photo was taken. If the woman were just lying topless on the beach, a public place, where any expectation of privacy doesn’t exist, it’s hard to see how this is a problem. Assuming she was just sitting there, for any passerby to see her topless, then how is it a violation for the guy to take her picture? Lots of people in public places have their photos taken all the time, and it’s not considered a violation of privacy. Because this woman decides to take her shirt off, it’s suddenly a violation? If there’s more to the story (such as the fact that she was in a changing room, or something along those lines), then this interpretation might change, but otherwise, it’s tough to see what the big deal is. Also, at the end of the story, it’s noted that the guy’s phone will be destroyed. Talk about irrational acts. This isn’t a dog who bit someone. It’s a phone. It’s owner took the photo, why should the phone be destroyed? What’s to stop the guy from getting another camera phone? Also, since the point of most camera phones is to take a photo and move it somewhere off the phone, you have to wonder if “destroying the phone” actually destroyed the picture in question.


Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Fines And A Destroyed Phone For A Topless Cameraphone Snap Shot”

Subscribe: RSS Leave a comment
10 Comments
Anonymous Coward says:

Re: Deterrence

Hmm. That’s a bit like nation-building by bombing the hell out of it.

No, there seems to be a chance that the phot-snapping incident was innocent, and that the guy couldn’t have reasonably predicted the outcome. What kind of deterrent will be established by randomly damaging camera phones?

Steve Mueller (user link) says:

Destroying Isn't New

Also, at the end of the story, it’s noted that the guy’s phone will be destroyed. Talk about irrational acts. This isn’t a dog who bit someone. It’s a phone. It’s owner took the photo, why should the phone be destroyed? What’s to stop the guy from getting another camera phone? Also, since the point of most camera phones is to take a photo and move it somewhere off the phone, you have to wonder if “destroying the phone” actually destroyed the picture in question.

As one reader mentioned, forcing the guy to buy another phone could serve as a deterrent. I can almost hear people saying “That’s what the fine does!” However, it’s not the same. The guy will have to go through the pain of activating a new phone, entering his contacts and so on.

If you think about it, it’s not much different than police impounding cars used in drug deals. The cars didn’t do anything wrong, and these people can buy a new car, but it’s another tactic to discourage the crime.

However, I agree that this is probably overkill in this case. Confiscating a user’s property should be saved for serious crimes and criminals. Unless the guy had a record of voyeurism or they found other inappropriately taken topless photos on the phone, he should probably get his phone back.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...