Delta Air Lines has informed flight attendants that it cannot and will not stop passengers from photographing them…though there is one important exception. Let’s explore Delta’s newly clarified onboard photography rules.
Delta Air Lines Tells Flight Attendants It Cannot Stop Passengers From Onbaord Photography
As flagged by PYOK, a memo was recently circulated to Delta flight attendants titled, “Our approach to customer photos/videos.” The memo acknowledges recent instances of unwanted photography onboard (for example, anger directed at a flight attendant wearing a Palestinian flag pin), acknowledges that many flight attendants and other employees wish to ban such photography, but argues that its hands are tied.
“We know most customers are well-intended and document their travel experience as a normal and fun part of the journey, and employees do the same when they travel.
“Delta is a common carrier by air, meaning we are obligated to transport any passenger who pays our fare and agrees to our contract of carriage. Common carriers (aircraft, trains, subways, buses, etc.) cannot restrict customer conduct to the same degree that other businesses can, and we cannot implement or institute rules that are inconsistent with laws and regulations.”
Acknowledging that some private businesses do prohibit photography, Delta explains, “Those private businesses are permitted to implement such policies because they do not operate under the same regulations as airlines.”
But there is a limit….and a broad one.
The memo promises employees it will back them up “when the content captured is not well-intentioned.”
On the Delta.com “onboard experience” page, relevant language has been updated:
“We recognize that capturing content is a standard part of customers’ travel experiences. However, capturing content should not interfere with the safety or security of flight, fellow customers or our employees. We ask that you are mindful of including Delta employees in that content, and respectful in your intent.”
I find this a fairly reasonable approach and applaud Delta for 1.) clarifying to flight attendants that they have no reasonable expectation of privacy but also 2.) making clear there are limits.
It’s not perfect, though. After all, is holding flight attendants accountable well-intentioned? I would think passengers and flight attendants may disagree, leading exactly to the problems that led to this memo in the first place. I don’t think flight attendants are objecting to folks like me (who write flight reviews) who may get them in a picture as I photograph the cabin or seat or service flow.
And yet, I don’t see a better way. Every possible contingency cannot be adequately laid out in advance and I think that instances of bad intentions represent a small gray area rather than most cases. Obviously, if the filming interferes with safety or security, it should be off-limits. But that also doesn’t mean that capturing a picture of the plane or the cabin is a “security” concern. Rather, I’d say safety is implicated when it impedes flight attendants from doing their jobs and security is implicated when it causes a disturbance onboard or threatens the integrity of the plane (like someone trying to breach the flight deck or open an emergency exit door).
CONCLUSION
Delta has told flight attendants that they cannot stop passengers from taking pictures and videos unless it is not well-intentioned. While that leaves quite a bit of wiggle room, the practical effect is that you not do not have to fear a flight attendant yelling at you for taking photos on Delta. I appreciate this clarification from Delta and rejection of the idea that flight attendants have a reasonable right to privacy.
image: Delta Air Lines
Delta is desperate to avoid unionization, which seems inevitable.
Oh Delta MF please you and Tim Dunn can kiss my arse!!! We all know other airlines like United specifically say it’s not allowed or encouraged! On many airlines it’s not allowed. Between this and the recent no filming in uniform announcement Delta flight attendants go get yourself a union!!! Not even the highest paid anymore to deal with this garbage. AA and Southwest pay more than you!!! Enough is enough!!! Get the union!!!!
Sorry, why would anyone want their picture taken by a stranger? No way. I disagree with Delta and if a passenger wants to document its travel and take pictures of the food, cabin, drinks, etc… that’s ok but no pictures of employees unless they explicitly allow that. For example, one of my best friends is a top purser for Delta. On our flight back from summer vacation in Europe, he surprised us and worked on our flight. He came to our family and asked another FA to take a picture of us with him. That’s ok. Nothing else without his approval would be ok.
There is no expectation of privacy when out in public.
Good luck with that. Try to take a picture of a weirdo at the airport or a hot woman at the gate and they see you doing that and expect them to come after you. The fact that it may be legal for you to take pictures doesn’t mean people being photographed without their consent will like it.
I ask the girls to give us a little more leg for my photo , and they always oblige .
I’m a Delta FA. Why would I care if someone takes a photo of me? I do my job and I do it well. I think the only people who would be concerned are the ones not doing their jobs. This is such a silly argument. It’s a public space. If you don’t want your photo taken, don’t go out ♂️
@Michael: Great to hear you feel that way. I can guarantee you I won’t be taking your picture without asking you first. This is called respect and I follow that.
“Delta Updates Photography Policy In Thoughtful, Pro-Customer Way”. Do you concur?
I would say it did not update anything – just confirmed/clarified a long-standing rule.
I’m not comfortable with the notion of FAs, or indeed those employed in any role which gives them any sort of authority over others, judging the intentions of members of the public . Think about all the stories about boarding being denied due to the gate agents’ opinion on someone’s t-shirt or whatever. This could potentially go very wrong indeed.
If a photo is sold to a publication, a release should be required. If a photo is taken to memorialize a vacation, not targeting a flight attendant, or security issues, I see no harm in that. I find the policy reasonable. But it’s always nice to ask.
Ummm… Delta is claiming that they “cannot restrict customer conduct to the same degree that other businesses can, and we cannot implement or institute rules that are inconsistent with laws and regulations”.
This seems inconsistent with the fact that in the earlier months of Covid, Delta and other airlines had mask mandates long before the feds did.
Not inconsistent … Because Enclosed Space.
Much different from a beach in Hawaii , with trade winds , where State of Hawaii ridiculously mandated masks .
It’s not that it’s enclosed… it’s that Delta had rules of conduct separately from the feds, and now they’re claiming that airlines can’t impose rules of conduct separately from the feds. This is purely a legal question, not a scientific one.
Not sure if it is relevant but there is a huge outrage in the reddit Delta community about an elderly couple been involuntary downgraded from the PAID Delta One seat to economy seat at the back of the flight (ATL to CPT)–with “compensation” up to 50k Skypeso points,
https://www.reddit.com/r/delta/comments/1gfq3tc/you_paid_for_delta_1_sorry_best_we_can_do_is_back/
Matt, I am interest to hear what’s your take.
I’ll check it out.