There seem to be some confusion as to when or not pictures may be taken of people in a public space, and whether journalists are allowed to take photos or videos of people in public spaces. 

Did you know photographers are generally allowed to take photos / videos in public places unless they are near a national key point?  Any photographer, not just journalists.  Taking pictures of people in public is legal. 

When in public spaces, you have the right to photograph or video record anything in plain view, including SAPS members (as long as it is not in front of a police cell, or inside a SAPS office, or showing a SAPS officer arresting a criminal). 

Even reproducing and selling photographs of people is legal for editorial and limited fair use commercial purposes. There exists no case law to define what the limits on commercial use are. Civil law requires the consent of any identifiable persons for advertorial and promotional purposes. Property, including animals, do not enjoy any special consideration. 

With regard to POPIA, journalists and media houses are provided exclusions and POPIA does not apply (provided they adhere to The Code of Ethics and Conduct for South African Print and Online Media” (Press Code). 

POPIA does not apply to journalists when someone processes personal information (photo’s) solely for the purposes of journalistic, literary, or artistic expression. 

IN SHORT:  If you are picketing or rioting in an open public space, or running down the road with a poster in hand, anyone can take a picture of you, and more so any journalist is free to do so.  During your next public rally please do not verbally abuse a journalist whilst protesting on the sidewalk, in the main street, or for that matter in front of a burnt municipality building. 

If you are participating in a public protest, you no longer have the right to claim privacy to your actions.  You give consent.