FlyerTalk Forums - View Single Post - Is a plane (scheduled commercial flight) a public place WRT taking photos/video?
Old Nov 4, 2008 | 10:01 am
  #14  
Wally Bird
 
Join Date: Jul 2003
Location: Salish Sea
Programs: DL,AC,HH,PC
Posts: 8,972
Originally Posted by PTravel
Planes are not public, which means the airline can prohibit filming. However, that prohibition is by way of license, which is to say contract. If you breach the contract, the airline's remedy is limited to withholding its consideration for the contract, i.e. passage on the flight. In plain English, if the airline has a rule against photography and you violate it, it's sole remedy is to ask you to leave the plane. They can insist that you delete photos in exchange for staying on the plane, but they cannot "make" you delete photos, nor can they summon a policeman who can require that you do so. This assumes no double-secret-probation, we-don't-have-to-tell-you secret law.
Correct, although they will most likely invoke some non-existent "TSA" or "FAA" rule. To delete photos or confiscate camera equipment requires a court order in the US (don't know about UK, I'd hope it's similar), and unless photography is specifically proscribed in their CofC they have no right to eject you for that reason alone. Of course, they will then claim you are interfering with the crew.
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