Controversial Law Could Ban Photography at 25,000 Sites in Poland

The Central European country of Poland amended its Homeland Defense Act, which adds provisions for prohibitions against photography at nearly 25,000 locations that the government determines to be necessary for Poland’s defense and national security.

The law goes into effect on April 17 and will enable Polish authorities to ban photography at many new locations throughout the country. Anyone caught taking photos at protected locations without a permit will face various punishments, including fines, confiscation of their camera equipment, and arrest.

As PolskieRadio reports, some experts doubt the efficacy of the new law, questioning whether it will be possible to enforce such a ban in the age of satellite imagery and drones. It’s also unclear how a law like this could impact things like Google Street View.

Critics also worry that the law, which appears to be in direct response to increased threats within Poland following Russia’s invasion of Ukraine, will be ineffective against legitimate threats but unduly hazardous to regular people. As is frequently the case with heightened national security, there is a constant push-and-pull between improving safety and reducing civil liberties. Some worry that public transportation passengers crossing borders in Poland could find themselves subject to new searches of cameras and phones, as authorities search for evidence of spying and illegal intelligence-gathering.

As for which sites will be protected against photography starting on Thursday, the list is wide-ranging and expansive, encompassing primarily civilian locations, per TVP World. The publication says that only 3% of the covered locations are considered military facilities, while the rest are “civilian infrastructure,” including ports, railways, bridges, and office buildings.

“We’re invited to a bridge opening by the investor; we can film during the press event — but three seconds later, we’re not allowed to take pictures without permission,” concerned photojournalist Robert Stachnik says.

As PolsatNews explains, photographers will be alerted to new photography bans at covered locations through new signage, which are supposed to be placed every 50 meters at protected sites.

Although nearly 25,000 locations in Poland are subject to new photography bans when the amended Homeland Defense Act comes into effect on April 17, it will presumably take time before authorities determine precisely which possible locations to protect and install new signage. The ban is not technically an instant global ban at all possible covered locations, even if it does lay the foundation for such bans to exist.

However, that does little to quell concern among people in Poland. As if often the case with laws that restrict access or ability to photograph something, there are worries that the amended Homeland Defense Act will simultaneously prevent people — namely journalists — from holding bad actors accountable while doing little to deal with threats of spying directly. There are also reasonable concerns that regular civilians doing nothing wrong could find themselves in trouble.

When the amends law was passed in 2023, Polish non-governmental organization Forum Obywatelskiego Rozwoju (FOR) argued that banning photography would be entirely ineffective, unduly intrusive against regular people’s lives, and undercut the possibility for effective security institutions. FOR also criticized the legislation for being nebulous, potentially overreaching, and “absurd.” Perhaps most dangerously, the law also creates new pathways for law enforcement authorities to search people’s smartphones, computers, and bags, including individuals that law enforcement is interested in for a wide range of reasons, including attending protests or investigating the government.

“Attention should also be paid to the inadequacy of the proposed bans. In the era of satellite reconnaissance, miniaturization of recording equipment, and Internet — which allows for the instant transfer of high-resolution images to the other side of the world — prohibiting photographing of properties will be entirely ineffective, bordering ridiculous,” FOR wrote.

“The ban is not only useless when confronted with modern espionage technology but even detrimental to the national security. It provides a false sense of security and contentment to government services and institutions. It’s evident that not all objects or critical infrastructure should be exposed to public view. But it’s the responsibility of the services to hide and protect certain activities or objects. A sign with a crossed-out camera is just that — a sign. It will deter a law-abiding citizen from taking a selfie, but it won’t stop an agent of hostile intelligence agency or a saboteur,” FOR concluded.

Image credits: Featured image by Radosław Drożdżewski. Licensed via Creative Commons CC-BY-SA 4.0.