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Man fined for taking photo of woman being sick



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Published Date: 04 October 2008
A POSTMAN has been fined £100 after he took a photo of a drunk woman while she was being sick.
Sebastian Prydgodzi, 28, said he took the picture because he wanted "another view of Edinburgh" during the capital's festival. But he was told by Sheriff Kenneth Hogg that taking a photo of a vulnerable woman was "exceptionally unchivalrous".

Re
becca Smith was sitting on the steps of the Omni Centre, near the top of Leith Walk, where she had been drinking on a work night out on August 8.

She had her head between her legs when Prydgodzi approached her and took a picture with a flash on his mobile phone. Miss Smith was "embarrassed and shocked by the flash", said fiscal depute Marie Vernon.

She added: "Her friends took hold of Mr Prydgodzi until the police arrived."

Krakow-born Prydgodzi, of Albion Road, Edinburgh, pleaded guilty in court yesterday to breach of the peace and acting in a disorderly manner.

Andrew Houston, defending, said: "The Festival was very much under way and he spent the day wandering around taking photos of the street performers.

"This girl was clearly worse for wear due to drink and, on reflection, this was an error of judgment. He was taking a photo of another view of Edinburgh and meant no offence."

Sheriff Hogg said: "The lady was in that position possibly through her own accord. But you should have walked past and ignored her. It was exceptionally unchiv-alrous – which might be an old-fashioned phrase, but that I am. It shouldn't matter whether it's a man or a lady, but it's worse that it's a lady."





The full article contains 282 words and appears in The Scotsman newspaper.
Page 1 of 1

  • Last Updated: 03 October 2008 9:33 PM
  • Source: The Scotsman
  • Location: Edinburgh
 
1

GM,

04/10/2008 00:24:46
Another incorrect headline in a journal that becomes more like a red-top every day...

He was fined for breach of the peace and acting in a disorderly manner.

It is not illegal to take a picture of someone in a public place. It is the *manner* in which he took the picture that allowed a prosecution (and his conduct afterwards).
2

Voldemort,

Edinburgh 04/10/2008 00:39:05
Do our courts really waste their time on crud like this ? Couldn't this have just been dealt with by the police at the time with a warning ? hey ho ... I guess the courts and the coppers need to justify their wages by appearing to be busy dealing with non crimes as opposed to actually putting some effort in to dealing with real crimes ....
3

Niknaks,

04/10/2008 00:58:19
Farcical! How much did this procedure cost the tax payer? Far more than the £100 fine, I'm sure.
4

Charles Linskaill,

Edinburgh 04/10/2008 01:26:13


GM ~1,

Actually It IS "illegal" to take a,...

"Picture of Someone in a public Place" if they are in a vulnerable position.

Like the 'School Plays and Sports', or taking a picture of a Woman's,..'Upper Thighs', if she is wearing a short skirt, while standing in a cheque etc, will put you on the,...

.....'Sex Offenders List'!

You canny go,..'Happy Snapping' these Days, without Permissions!

If you do!, you can expect, all that New-Laws Bring!

5

Rabster,

04/10/2008 02:51:33
"Charles"!...!!" ",
There are no "New Laws"!
There is nothing new about this case, it's just an unusual example of breach of the peace - which just means doing something that causes people fear and alarm. It sounds a bit extreme to prosecute him just for taking a photo but the fine was only £100 and, without knowing the exact circumstances, no-one can really comment on whether or not it was justified. If he went up to this girl and stuck his camera right in her face when she was quite clearly out of it, then it may well be fair enough.
6

Guga II,

Rockall 04/10/2008 03:06:59
How can this Sheriff, with his quaint attitudes on chivalry, reconcile this matter with the various "police" shows on the television which have often shewn video of people being sick in the street?

Was his verdict purely because it was a photograph of a female being sick, or would he have been similarly concerned if it was a photograph of a man being sick?

In any event, given that it is perfectly legal for anyone to photograph anything they see in a public place like a street, I am at a loss to uderstand why this man was prosecuted.

Moreover, given that "Her friends took hold of Mr Prydgodzi until the police arrived.", I am surprised that her friends were not charged with assault.
7

Navvy,

04/10/2008 03:47:49
This make me boak

and yes, did she pay to clean up her vomit?
Vomit on the streets is surely an offence

8

TM,

LA, USA 04/10/2008 04:47:43
Funny how the Scotsman allows comment on this story but not on the man that stabbed his children to death and only received 17 years, and they removed the comment section from the story about the guy who was kicking a man in the head as he lay dying..
9

TM,

santa monica 04/10/2008 04:53:08
Oops, I was looking at the wrong head kicking story, which I guess begs the question, why is there so much head kicking going on over there??????
10

weeshooie1,

Wollongong 04/10/2008 06:41:37
A lot of people might be tempted to take a pic if they saw a woman with her head between her legs. In fact, some people would pay good money to see that. What a load of crud :0(
11

Pocket Dictionary,

04/10/2008 08:12:01
Famous photographer Harry Benson better watch out if he comes back to Scotland. They'll probably arrest him for taking those 1950's street photos of Glasgow kids he took.
12

david watts,

04/10/2008 08:14:44
http://news.bbc.co.uk/newsbeat/hi/health/newsid_7380000/7380598.stm

the above link should take you to one of several pictures used by the media every time women and binge drinking are in the news. I wonder if the daft bint who got herself in such a state realised that edinburgh has at least one cctv camera of some description for every five of its residents. As far as I'm concerned if you dont want your picture taken whilst drunk in public then dont get drunk. I'm sure had this women been anything other than drunk the picture would not have been taken.

Rebecca Smith, remember that name guys, If you meet her whilst your out and she's had a drink,steer clear. God knows what you will be accused of in her paraletic mindframe.
13

GM,

04/10/2008 08:45:52
@4

citation and section of law to support your assertion that it is illegal to "photograph someone in the street in a vulnerable position"...

I await with baited breath.



Your comparison to an 'upskirt' shot is clearly *exactly* what I referred to myself when I stated this guy was charged not for taking a photo, but the *manner* in which he took the photo and his conduct afterwards.

I repeat...

The headline here "Man fined for taking photo of woman being sick" is simply and plainly incorrect, sloppy, tabloid style journalism.

I know what is and is not allowed to be photographed - my gripe here is with the lowering (again) of reporting standards in this journal.
14

Douglas,

Bathgate 04/10/2008 09:09:02
Rebecca Smith sounds like a really classy burd. The picture taken by Mr Prydgodzi should be used in the current pretendy battle for hearts and minds on the dangers of alcohol. Why pay make-up artists and actors when reality is out there for free.
15

Unimpressed one,

04/10/2008 09:34:58
Double standards here? ITV films this sort of behaviour on a regular basis and calls it "Binge Britain".
16

calum,

04/10/2008 10:18:24
#16 There's even Scottish Government adverts in the campaign against young people abusing alcohol, shown on TV before the watershed, in which young people are seen being sick!! Double standards, right enough but surely grounds for appeal.
17

GM,

04/10/2008 10:21:48
@15 and 16

guys, don't let the headline fool you...

The chap in question was not charged with 'taking a photograph' but breach of the peace and acting in a disorderly manner.

There is *much* more to this than some innocent tourist who inadvertently snapped a young woman puking in the street.

tabloid journalism, nothing more, nothing less.
18

calum,

04/10/2008 12:01:48
#17 - At the end of the day, hat is what is reported and that is what is on the man's record, a simple breach of the peace, not a breach of the peace "for being unchivalrous" as Sheriff Kenny Hogg would have it, and what an old smoothie he is! Anyway, nice to see that Kenny Hogg sees that the offence is worse because the "victim" of the photo is a woman ..... equality in the eyes of the law? Never.
19

Maurice,

04/10/2008 13:24:47
Unbelievable. The scrubber was puking in the steets, polluting and creating a health hazzard, drunk and disorderly and the boy gets done??? I wonder what this bampot sherrif would have done if it was a toff-boy taking the pic? Should he not instead have sent the photo to her parents and employers or institutions where she studies and shamed her after fining her 100 quid. How many kids and respectable people were forced to witness her barbaric behaviour? Yet sherrif Knobwig says "I'm going to impose a fine to remind him chivalry is not dead and when somebody is in distress you leave them to it." ??????????
Maybe I got it wrong but I thought helping someone in distress was chivalrous and this photo may have helped steer her from the rocky road of alchohol dependence by documenting her actions. Actually I think the sherrif was afraid of the world finding out what it already knows about the youth of Scotland.
20

Alternative (High Octane) Fuel Head,

Edinburgh 04/10/2008 13:26:51
Why wasn't the woman prosecuted for being drunk and disorderly?
21

JayDeeTee,

04/10/2008 13:41:37
#20 EXACTLY !!! Aren't you just sick of hearing about these women who get smashed out of their brains and play on their 'vulnerability' like it's some right that they have? Message to women. If you want to remain safe, act responsibly as stop blaming somebody else for your misfortune.
22

Sylvia in Regina,

Canada 04/10/2008 14:37:41
#19 - 20 & 21: SPOT ON!! You hit the nail on the head...

The poor tourist get fined and she gets nothing???

If she would have seen the picture of herself being sick - I am sure she would have been so embarrased that perhaps that one picture would have turned her life around.

23

Ive seen the leith brazil relegated,

04/10/2008 15:56:45
sky tv's booze britain will be up in court next week!!!

ridiculous that it went to court

what about the paperazzi that snap woman with short skirts getting out of cars and sell it to newspapers and magazines who then publish it?

24

Beth Boyle,

NY 05/10/2008 09:04:56
She should have been fined for public drunkeness and taken off to the police station if you ask me. Is there no common sense left in this world?
25

Alan Clifford,

Guildford 05/10/2008 12:07:29
There seems to have been three crimes here.

The sheriff is there to uphold the law. He is not there to abuse existing laws to impose his own morality on the public. The photographer did not breach the peace and was not behaving in a disorderly manner. The sheriff is trying to use these laws to bring in a "right to privacy" law by the back door. He should be dismissed from his post.

It appears that the photographer was assaulted by the friends. Why weren't they prosecuted?

Presumably the police arrested the photographer. It looks like a case of wrongful arrest to me.

26

TrollJester,

Dundee 05/10/2008 18:54:16
Here's some links giving an overview of the law concerning Photographers Rights in th UK:

http://www.urban75.org/photos/photographers-rights-and-the-law.html

http://www.sirimo.co.uk/ukpr.php/2004/11/19/uk_photographers_rights_guide

http://www.photographersrights.org.uk/

Seems to me that Sherriff Kenneth Hogg is making it up as he goes along....not good enough wiggy?!?



27

TrollJester,

05/10/2008 19:05:19
Unless there was some other unacceptable behaviour on the part of Mr Prydgodzi that hasn't been reported???
28

animmo,

05/10/2008 20:25:16
So now we learn that we can be fined for being 'unchivalrous'??? What a load of absolute bull. And it's worse if the 'victim' "...is a lady"??? If anyone was in court over this it should've been the pi55ed 'lady' and her friends for being drunk and disorderly. This country is an absolute joke sometimes
29

Douglas,

Bathgate 06/10/2008 01:59:55
#26 Beth: I can't speak for the whole world but as far as Scotland goes, no.
30

TrollJester,

07/10/2008 23:48:36
OK folks, instead of chewing the fat, spouting opinion and generally making assumptions, here's how I propose we to deal with this one properly:

WRITE TO YOU MP / MSP!

Below is a copy of an email I sent to both my MP & MSP

May I suggest as many of you copy it, reword if necessary, and do the same....... it's the only way to get this sort of thing dealt with......

Hi (Enter MP/MSPs Name),

As a constituent I would like to raise a concern about, and would like your advice on the matter and implications arising from the conviction of Sebastian Przygodzki at Edinburgh Sherriff Court last week.

As a person who enjoys photographing public events and occasionally photographing other public activities in public places, I am at a loss as to what Mr Przygodzki has done wrong?

In particular, would it be possible to see or get a copy of a full transcript of this case's proceedings?

More specifically, can you give me clear guidance on when & under what conditions I would have broken the law and which laws in particular?

I am very worried about how this ruling may effect both myself and other photgraphers (professional or amateur) and believe that this case is a breach of civil/human rights.

Here are some links to press reports and reaction on Photography forums:

http://news.scotsman.com/.../39Unchivalrous39-postie-fined-100-for.4559185.jp

http://news.bbc.co.uk/.../7651107.stm

http://www.amateurphotographer.co.uk/.../0#713733

http://www.amateurphotographer.co.uk/.../0#714053

http://www.bjp-online.com/.../showPage.html?page=bjp_forum&mbItem=37522#post37536

http://photography-on-the.net/.../showthread.phpt=579889

My own reference for 'code of conduct' of photographing in public places/members of the public can be found online here:

http://www.sirimo.co.uk/.../uk_photographers_rights_guide

click on FREE DOWNLOAD to view/download a PDF document.

I would be very grateful for your help in this matter.

Regards

 

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