Street Photography in Mexico: Why It’s Legit: And Not So Different from the USA or Italy
As a photographer working in Mexico, I frequently encounter the misconception that street photography is prohibited here unless you’ve obtained prior consent from everyone you photograph. I recently received this comment:
The full comment was:
David M
Stumbled across your post, didn't watch your video, but I wanted to give you a headsup that best I can tell in Mexico street photography is not allowed without prior consent. E.g. Olivares (law firm from Mexico) has an article on their website detailing this. Long story short, in Mexico even in a public space you DO have a right to privacy (unless you're a celebrity, or are an andividual who appears by accident in picture of a public event or news). And if publishing your street photograph does damage or "moral damage" you are financially liable for that damage. There is no "right" to street photography, and the simplest solution is to just blur the faces of people you photograph before publishing. It won't look pretty (maybe use AI to replace the face instead if "artistic" is the target), but that would be the legal way to do this. On Wikimedia there is an article titled "Commons:Country specific consent requirements" which has a beatiful table that summarizes the relevant rights in basically all countries in the world.
My reply there:
Thanks for your comment, but that’s not accurate. In Mexico, street photography is absolutely legal when practiced in public spaces, as long as it doesn’t invade a person’s private sphere or is used in a defamatory or commercial way without consent. The “right to privacy” exists, of course, but it’s balanced with freedom of expression and artistic creation, both protected under the Mexican Constitution (Articles 6 and 7) and the Federal Copyright Law.
The Olivares article you mention discusses civil liability in specific cases of moral damage, which is very different from saying street photography is “not allowed.” In practice, Mexican courts recognize context — photographing people in public for artistic, documentary, or journalistic purposes is lawful (and it happens I am a journalist too). That’s why photojournalists, documentary photographers, and artists regularly publish work from public spaces without blurring faces.
In short: there’s no blanket prohibition against street photography here. What’s not allowed is using someone’s likeness commercially or in a defamatory context without consent. But artistic and editorial uses remain fully legitimate and protected.
This is an opportunity to make a definitive post on this topic that I hope will help to clarify the ideas for those not well documented like David M.
Today I’m setting the record straight. Far from being banned, street photography in Mexico operates under a legal framework remarkably similar to that in the United States and Italy: you’re free to shoot in public places, you’re free to publish for artistic, editorial or journalistic purposes, as long as you respect the laws around image-rights, privacy and defamation. In practice this means: you don’t need to ask permission to take a photo of someone in a public space, but you should be aware of how you intend to use the photograph and whether it might cross a line.
The Legal Framework in Mexico
Let’s begin with how the legal regime in Mexico handles two fundamental features: freedom of expression and image-rights.
Freedom of expression is enshrined in Mexico's Constitution, protecting the dissemination of ideas and information (which includes artistic and photographic work). At the same time, Mexican law recognises a right to one’s image and a right to privacy. These operate in tandem: the right to photograph and publish versus the right of individuals to control how their image is used and to be protected from violation of their dignity.
Key references:
Articles in the Mexican Constitution on freedom of expression and press (for example, Article 6 and Article 7).
The Federal Law on Copyright (Ley Federal del Derecho de Autor – LFDA) includes provisions relevant to the use of likenesses and portraits.
Local civil laws and jurisprudence define when the right to one’s image and moral damage (daño moral) may apply—particularly if publication causes harm to reputation or dignity.
In short: photography in public places is legal. What can trigger liability is the use of the image in a way that violates a person’s rights (for example commercial exploitation without consent, or publication in a humiliating context).
How This Compares: Mexico vs USA vs Italy
Mexico: Public place photography is permitted. The key is how the photograph is used. For editorial, journalistic or artistic uses, no permission is typically needed. The risk arises if you use it commercially or in a context causing moral damage.
USA: Robust protection for photographing in public spaces, under the First Amendment and related jurisprudence. Some restrictions exist (private property, commercial uses, airport/security zones) but generally the right to shoot in public is strong.
Italy: The law recognises the right to one’s image (art. 10 Civil Code) and copyright law (e.g. Legge sul Diritto d’Autore) but allows photos taken in public places or of people at public events without individual consent, especially when they serve reportage or documentary purposes.
The upshot: All three jurisdictions balance freedom of expression with image rights. None imposes a blanket prohibition on street photography. The differences lie mostly in procedural detail—how courts interpret cases of privacy invasion, moral damage or commercial exploitation.
Practical Scenarios in Mexico: When You Should Be Careful
Here are situations where extra caution is required:
You intend to use a photograph commercially (an advertisement, product-promotion, merchandising) rather than editorially. In that case you should secure a model release or documented consent.
You publish a photograph where a person is depicted in a vulnerable, humiliating or deeply personal situation, which might lead to claims of moral damage (daño moral) or violation of dignity.
You take images on private property, or with surveillance-style equipment in ways that invade someone’s private sphere—these move beyond “street photography in a public place” into more regulated territory.
Good practice: If your photograph meets the typical street photography criteria (taken in public space, with no special intrusion, for artistic/editorial use), you’re well within your rights.
Best Practices for the Street Photographer in Mexico
Here’s a brief checklist to help you operate with confidence:
Use public spaces and remain open about your presence as a photographer.
If the image is used for editorial, artistic or documentary purposes, you’re typically covered.
If the image is used commercially, seek a model release.
When a subject is in a compromising or highly private context (intimate emotion, suffering, etc.), consider whether using the image is ethically and legally sound—if unsure blur the face or avoid publication.
Keep a record of your shoot: where, when, for what purpose. If challenged, documentation helps show your good faith.
Respect local norms and authorities—be polite, explain your intent if questioned. Knowing your rights helps.
Real-World Photographer Examples from Mexico
To illustrate how this works in practice:
Manuel Álvarez Bravo – one of the towering figures of Mexican photography. He worked extensively in public spaces, documenting everyday life, rituals and street scenes.
Tina Modotti – originally from Italy, she lived and worked in Mexico producing strong documentary-art photography of the country and its people.
Graciela Iturbide – a contemporary Mexican photographer whose work is immersed in the public and communal spaces of Mexico.
Alex Webb (Magnum) – although not Mexican, he has published in Mexico and uses street photography in public spaces as subject matter, with books and exhibitions.
These photographers published significant bodies of work created in Mexico, using street or documentary photography in public spaces without the idea that the law made the activity impossible or must always involve explicit permission.
Why You Can Confidently Publish Your Work
Given that you shoot in public spaces, your intent is artistic/editorial (for your Substack, workshops, exhibitions) and you’re not using the image commercially in a way that targets a specific person or brand without their consent, you are operating in a legally and artistically safe zone.
Your unique approach, to emphasise the human element, colour and black & white, fits squarely within the tradition of street photography, which thrives on spontaneity, observation, interaction and the unpredictable. Knowing the law helps you shoot freely, not fearfully.
📸 Street Photography Legal Checklist
Mexico, with comparison notes for USA & Italy
This checklist is designed to help you photograph and publish confidently: understanding what’s legal, what’s risky, and how to stay on the safe side in public spaces.
🇲🇽 MEXICO
✅ You can freely:
Photograph in public spaces (streets, parks, markets, plazas).
Publish your work for artistic, editorial, journalistic or documentary purposes.
Photograph people, events and daily life as long as it’s done without harassment and within public view.
Exhibit or publish these works in books, websites, or galleries if the purpose is non-commercial.
⚠️ Be careful when:
Using an image for commercial advertising, promotions, or product endorsements — that requires written consent (model release).
Photographing minors: always obtain parental permission before publishing.
Publishing photos that could cause moral damage (daño moral), i.e. humiliation, defamation, or misrepresentation.
Using photos in a way that links the person to a false or offensive context (crime, addiction, sexuality, etc.).
Taking pictures inside private property without authorization (shops, homes, offices, private events).
🧾 Good practices:
Keep a record of the context (date, place, purpose).
Respect when someone clearly asks not to be photographed.
If approached by police or security, calmly explain that you are photographing in a public place and that your activity is protected by freedom of expression (Constitution Articles 6 & 7).
Avoid publishing photos where people appear in vulnerable conditions unless the image serves a strong documentary purpose handled with dignity.
🇺🇸 UNITED STATES (for comparison)
✅ Allowed:
Photography in public spaces is fully protected by the First Amendment.
You can photograph people, events, buildings, police, etc., in public view.
Editorial and artistic uses (books, galleries, news, blogs) don’t require consent.
⚠️ Risky:
Commercial advertising requires model release.
Private property can restrict photography.
Certain federal/military facilities are restricted.
🇮🇹 ITALY (for comparison)
✅ Allowed:
Taking photos in public places without permission if the person is not the main subject or if it is a public event..
Consent not needed for news, art, or documentation (Art. 97 Legge 633/1941).
⚠️ Risky:
Commercial use or publication that damages someone’s reputation or dignity.
Always consider privacy (Art. 10 Codice Civile).
🧠 Summary Principles
🪶 Ethical Guidelines (Beyond Law)
Treat people with respect: your integrity matters more than any law.
Don’t exploit vulnerability; document it with empathy and awareness.
Context changes meaning: avoid misleading juxtapositions.
When in doubt, transparency helps: explain your project to the subject.
Be aware that “legal” doesn’t always mean “ethical”.
📚Legal References
Constitución Política de los Estados Unidos Mexicanos, Articles 6 & 7
Ley Federal del Derecho de Autor (LFDA) — sections on portraits and moral rights
Código Civil para la Ciudad de México — provisions on daño moral
U.S. First Amendment and ACLU guide on photographers’ rights
Codice Civile Italiano, Art. 10 and Legge 633/1941 (Art. 96-97)
🧾 Final Note
Street photography in Mexico is not illegal. It is part of a global tradition protected under freedom of expression, balanced by respect for privacy and dignity. The same principles apply in New York, Milan, or Mexico City: shoot freely, publish responsibly, and let your images speak with honesty.
