This article explains statutory and property-based photography bans. Photography is absolutely prohibited in military security areas, during court proceedings, of accident victims, and of child pornography. Property-based bans vary depending on the location (museums, concerts, shopping centers) and should be checked on-site. Violations may have civil and criminal consequences.
Section: Photography Basics > 9. Law & Society Article ID: 9.5 Created: May 2026
The Essentials at a Glance
- There are statutory photography bans (under criminal and regulatory law) and de facto bans (under property rights)
- Absolutely prohibited: military security areas, filming during court proceedings, child pornography, and photographs of accident victims
- Property-based bans (museums, concerts, shopping centers) may vary individually—always check on-site
Explanation
Statutory Photography Bans (Criminal Law)
These bans apply everywhere—regardless of property rules or private consent:
Child pornography (§ 184b, c StGB): Any recording of children (under 14 years of age) in a sexual context is strictly prohibited—even if the recording is not explicitly sexual but shows children in a “sexually provocative” manner or in an “unnaturally sexually suggestive posture.” The attempt is also punishable.
Violation of the highly personal sphere of life (§ 201a StGB—“protection against voyeurism”): Recordings are prohibited if they show people in an area that is not accessible to them and that warrants protection (e.g., photographing someone in their home through a window) or show people in a helpless condition.
Photographing accident victims: Photographing injured or dying people at accident or disaster sites is prohibited under § 201a para. 1 no. 2 StGB—even if the person is lying in a public place.
Depictions of violence (§ 131 StGB): Creating and distributing recordings that glorify or trivialize cruel acts of violence is prohibited.
Military and security-sensitive facilities: Photography bans apply at Bundeswehr facilities, weapons depots, and similar security areas. Violations may be classified as espionage or treason.
Criminal Law at Court Proceedings
The Courts Constitution Act (§ 169 GVG) prohibits image and sound recordings during the main hearing in German courts. These restrictions do not apply before or after the hearing or outside the courtroom—general photography law applies again in those situations.
Property-Based Photography Bans
These apply only on the respective private property and vary depending on the location:
| Location | Typical rule |
|---|---|
| Museums, galleries | Photography of artworks is often prohibited (due to the artists’ copyright); sometimes only flash photography is prohibited |
| Concerts, theaters | Professional equipment is usually prohibited; smartphones are often allowed |
| Shopping centers | Photography may be prohibited (under property rules), but the ban is rarely actively enforced |
| Zoos, amusement parks | Photography for private purposes is usually permitted; commercial use is often prohibited |
| Sporting events | Large lenses are often prohibited (accreditation is required for professional photography) |
Important: Property-based bans apply to the property, not to the public streets in front of it. A museum may prohibit photography inside its premises—but it cannot prevent someone from photographing the building from the street (→ freedom of panorama).
What Happens in the Event of Violations?
- Violation of property rules: Ejection, termination of the person’s stay, civil-law claims (injunctive relief)
- Criminal-law prohibitions: Criminal complaint, fine, and, in serious cases, imprisonment
- Right to one’s own image: Civil-law injunctive relief, damages (→ Article 9.2)
Practical Tip
When in doubt before a shoot: check the terms and conditions and house rules in advance—many venues publish them online. For commercial use, always ask explicitly, even if private photography is permitted. And never take photographs of people in distress or involved in an accident—ethically or legally.