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Ethics in Image Making

  • Writer: elle walker
    elle walker
  • Apr 27, 2020
  • 7 min read

Updated: Oct 22, 2020

Does a photographer have a distinct set of artistic/ethical/professional obligations, different from those of (other) visual artists?


All artists have a moral and ethical obligation to pursue their art in a manner in which it does not bring the art itself into disrepute. Photographers should have a separate code of ethics quite distinct from other forms of visual art, simply because the camera has the ability to instantly capture a moment of reality.


Visual arts like painting and drawing are subject to artistic interpretation; a painter of landscapes, for example may well paint the sky bluer than it was or the flowers showing more blossom than in actual fact, or it may be the case that they simply chose not to record the unsightly object marring the view of the beautiful scene in front of them. However, that same scene at the end of a photographer’s camera lens will be subject to a different treatment, by way of image manipulation after the fact; cropping, colour enhancements and digitally removing the unwanted article are all commonplace within photography. Whether or not it is deemed acceptable depends on the context of the photograph and how far the photographer is willing to take the manipulation. A high-concept, highly stylised fashion photograph in a futuristic setting, for example, may well attract less controversy over manipulation techniques than a piece of photojournalism. In recent years society has begun to open up about the cost of unrealistic portrayals of both men and women in advertising and the affect this has on the mental health of young people. A fashion photographer and the commissioning editor should have a clear and frank discussion about how far image retouching should go: retouching minor blemishes should be deemed acceptable, but redefining body shape ought to be completely forbidden.


Sophie Calle, an artist, has pushed the boundaries of personal privacy versus public art on a number of occasions. Suite Vénittiene (1980) was borne about when she followed a man through a crowd. Having lost sight of him, she attended to her appointments for the remainder of the day. During an event later that evening she was introduced to the same man, who revealed that he was to take a trip to Venice. Calle decided to follow him there and documented the trip.



Suite Vénetienne, 1981, Sophie Calle ©Frontlistbacklist.co.uk

In The Hotel (1983) she took as job as a chambermaid and spent time ransacking through the belongings of the rooms’ occupants.



The Hotel, Room 47, 1981, Sophie Calle ©Tate




In this case there was a gross invasion of personal privacy: the occupants did not consent to having their personal effects inspected and analysed. Wildlife photographer José Luis Rodriguez was disqualified from the Natural History Museum’s Wildlife Photographer Of The Year competition in 2010 as the judges believed his image of a wild Iberian wolf jumping over a fence was in fact a tame creature hired specifically for the purposes of creating an impressive photograph, an accusation that Rodriguez denied. Both Calle and Rodriguez manipulated circumstances to fit their own agenda, one of creating a story at any expense, but in Rodriguez’s case it cost him the £10,000 prize money and untold damage to his reputation. Cases like these can lead to the public distrusting both the art and the artist and the lack of public confidence could have a knock-on effect, like reduced funding and investment.


Are there people/objects/scenes that should not be captured or circulated?


Within the realm of conflict photojournalism, photographs of the consequences of war, however horrific, are acceptable. These types of images are shocking and can cause distress to the audience, but unsanitized images are a core tenet of conflict photography. The same images would be totally unacceptable in a commercial or fashion photograph: context is important. It is worth noting that in the mid 1800s it was customary for families to have portraits taken with a recently deceased family member as a form of memento mori. Now, in the twenty-first century, this would be seen as very poor taste in many Western cultures.



Memento mori © BBC

In very general terms, photographs of small children should not be shared, but there are exceptions. Images of family gatherings, or portraits should only be shared where express written consent has been granted by the parent or guardian. Images of children, particularly near schools or where the school uniform may identify them, should not be captured. Images of small children taken during street photography should not be shared, again, unless consent has been granted.

Images of abuse should not be shared, but again, there are caveats to this. If the images are part of a documentary series on domestic violence, for example, and consent has been given by the victim or victims and it is clear the victim is not being exploited – they may have taken advice on the issue, for example – then the photographs may serve to highlight the issues of domestic violence. Images of child abuse or animal abuse should never be shared under any circumstances, ever.

Accidents resulting in injury or death where loved ones have yet to be informed should not be photographed and circulated online, but with the advent of smartphones, it appears that society in general cares little for the dignity of the deceased or the feelings of family members. In Birmingham in December 2017 a horrific road traffic accident occurred in the small hours of the morning which left seven people dead. Onlookers took photographs and video of the aftermath and shared them across social media. A spokesperson for West Midlands Police said the “lack of humanity” that was shown was disappointing and asked that “distressing images” be given to police instead of being shared online.



@STUARTBILLWMP, Twitter

Does it matter who is taking the photograph? Are there photographs that should only be captured by particular photographers?


It does not matter who takes the photograph. Freedom of expression is the right of every creative person and every individual. Proposing limitations on which genre a photographer can or cannot photograph only serves to limit personal growth and hinders innovation. The field of social documentary photography, for example, may require its proponents to be proficient in landscapes as well as portraits. Sebastião Salgado’s work comprises beautiful landscapes of endangered environments and the native peoples that inhabit them. Irving Penn was a master photographer who excelled in fashion, fine art and documentary photography: having a diverse set of skills did not mean he was any less talented in any one of the genres.



Black And White Vogue Cover, 1950, Irving Penn © The Irving Penn Foundation


After Dinner Games, 1947, Irving Penn © The Irving Penn Foundation

Tiny House, 1941, Irving Penn © The Irving Penn Foundation

Personal ethics


I have my own personal code that I have followed for many years when creating street photography.


Always adhere to the laws of whichever country I am in at the time.


Article 9 of the French Civil code states Everyone has the right to respect for his private life.” My interpretation of this is that should I ever be challenged by a French subject who is unhappy that I have taken their photograph, I would delete it without question.


Never take photographs of children in a street setting


Society is more aware of the dangers posed to children when their images are posted online, so I never take photographs of children outside my family, unless it has been in a professional setting, where a release has been granted by the parent.


Never take photographs of homeless or vulnerable people


I deem this to be exploitative. I had a conversation with a photographer who said that taking photographs of drug users in the city centre served to highlight the extent of the drug problem. When I asked what he planned to do with his images he simply responded by stating he would post them on Instagram. My opinion is that if the images were part of a documentary photography series it would have far more impact than a standalone image posted on social media.


Be polite and respectful at all times


If a potential subject declines to have their photograph taken for a street portrait, always thank them for their time and comply with their wishes. This does not apply to images where a person walks into the frame, particularly if there is some distance between me and the person, or where it would be impractical or dangerous to attempt to obtain consent. If I have been discovered taking what I thought would be a candid moment, I always smile and thank the subject, where possible.


Documentary photography is never staged


I strive to represent truth in my photography. This does not apply to post-processing, where artistic licence is allowed in terms of colour enhancements, cropping and so forth.



Ethics in my FMP


My FMP, 14:00, will consist of a photograph taken at the same time every day in my living room for a period of thirty days. The purpose is to capture the ennui and stifling repetitiveness of life under lockdown due to COVID19. My personal code consists of the following principles:


1. A photograph will be taken at 2 pm every day. In the event that I am not at home, then the entry for that day in the finished work will be represented by a blank square. The memory card will be available for inspection if required.


2. The room will not be staged, with the exception of asking my son (if he is present and in the room that day) to adjust his position for composition purposes only. If he is not in the room at 2 pm, then he will not be asked to participate.


3. Only available light will be used


Only by adhering to my own principles I can state with the utmost integrity that my photographs are a truthful reflection of my life over a specified period during this unprecedented occasion. Without this I cannot be honest to myself or my audience.





References


After Dinner Games, 1947,[image] Available at: <https://irvingpenn.org/still-life>


Bell, B., 2016. Taken From Life: Victorian Death Photos. [online] BBC News. Available at: <https://www.bbc.co.uk/news/uk-england-36389581>


Bell, N., 2018. When Can Artists Bend Ethics For Art’s Sake?. [online] Artsy. Available at: <https://www.artsy.net/article/artsy-editorial-artists-bend-ethics-arts-sake>


Booth, R., 2010. Wildlife Photographer Of The Year Stripped Of His Award. [online] the Guardian. Available at: <https://www.theguardian.com/environment/2010/jan/20/wolf-wildlife-photographer-award-stripped>


Civil Code (France) Article 9, (Act no 70-643 of 17 July 1970)

"Everyone has the right to respect for his private life. Without prejudice to compensation for injury suffered, the court may prescribe any measures, such as sequestration, seizure and others, appropriate to prevent or put an end to an invasion of personal privacy; in case of emergency those measures may be provided for by interim order."


http://frontlistbacklist.co.uk/, n.d., Suite Vénetienne. [image] Available at: <http://frontlistbacklist.co.uk/wp-content/uploads/2015/11/sophie_calle_suite_venitienne.jpg>


The Irving Penn Foundation, 1950. Black And White Vogue Cover. [image] Available at: <https://irvingpenn.org/fashion>


Sligo Press, 1980.Suite Vénitienne 4. [image] Available at: <http://sigliopress.com//wp-content/gallery/suite-venitienne/Suite_Venitienne-4.jpg>


Tate, 2020. The Hotel, Room 47. [image] Available at: <https://www.tate.org.uk/art/images/work/P/P78/P78300_10.jpg>


BBC News. 2017. Taxi Driver Crash Victim 'On Last Job'. [online] Available at: <https://www.bbc.co.uk/news/uk-england-birmingham-42387110>





 
 
 

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