By Sameh Selim: The crime of photography and publishing between criminalization and punishment

By: Sameh Selim

Written by Mr. Sameh Selim: The crime of photography and publishing between criminalization and punishment

Mobile phone photography crimes without the knowledge or consent of the victim have become a severe threat to human societies in all countries of the world. or social media

Perhaps the most prominent country criminalizing and punishing these matters is the United States of America. It is a flagrant violation of privacy and personal freedom and an infringement on social peace, which requires imprisonment and sizeable financial compensation.

I wish all the countries in which these crimes are committed, including the infringement of personal freedom and violation of privacy, that their legislative authorities follow the example of the United States in passing strict legislation that eliminates this offensive phenomenon.

As for the other part of the consequences of the occurrence of this crime when it is placed on the social media or communication sites, this crime turns from a local crime to an international crime across borders, which requires tightening the penalty or giving it the maximum as it is an aggravating circumstance in the crime by providing the international character to this type of crime. It is classified as a transnational criminal crime, not a local one, even if it occurs within the borders of a particular state because its impact extends outside the state on whose territory it occurred through various communication sites without control.

But when criminalizing the criminal act as a general rule in all criminal laws in the world, every general rule has deviations, so when is it permissible for a person to photograph and publish without permission or the desire of the victim concerned with this photography?

The answer is in the case of a person witnessing a crime or criminal assault on another person that is imminent or has already occurred, and it is feared that it will result in death or severe wounds. In a situation of imminent danger, photography is considered one of the reasons for permissibility as a legitimate right to defend oneself, others, or property. In this case, it is not considered an attack on privacy or personal freedom.

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