The Société des Bains de Mer (SBM) recently put up new signs, reminding people to “Please do not film or photograph hotel and casino guests”. These signs popped up after videos of guests, some of them in bathing suits, were uploaded to TikTok, Instagram, and YouTube, with scandalous or “clickbaity” titles. Many guests of SBM establishments seek privacy while staying in Monaco, which prompted the SBM security team to put up the signs.
According to the signs, “Any offender is subject to sanctions”. Any recording or posting without consent is “punishable under articles 308-2, 308-3 and 308-4”
What does the law say?
The Princely Government’s Article 308 of the penal code was passed in 2016. It refers to the spreading of personal information. Perpetrators can be “punished by imprisonment of six months to one year or the fine provided for in paragraph 3 of Article 26.” Depending on the severity of the crime, fines range €1,000 to €90,000.
Use of a drone – Flying over French territory
Any use of a drone to take aerial photographs requires the written approval of French authorities (Prefecture, Police, authorities in charge of air traffic control, etc.). Obtaining drone authorization is outlined in the terms and conditions of filming or photographing on SBM property.
When is it ok to take photos or videos?
Taking family vacation photos is a wonderful way to preserve memories, but it’s important to remember that consent is always key. However, certain exceptions can be made. According to Article 308, “whistleblowers” are people who may be exempt from this law. Three other cases of exemption are outlined, which describe recording “abuse inflicted on a minor or person who is unable to protect themselves due to their age or physical or mental disability.”
