Cape Town - Even the most dedicated business travellers take some time to indulge in the pleasure aspect of being in a foreign country, whether that means taking pictures, seeing sights, chatting to locals or just watching a movie in their hotel rooms.
Unfortunately, depending on the country, all these activities can land them in hot water.
“In many countries, there are restrictions on the personal use of digital devices and many travellers may unwittingly fall foul of the law and ignorance cannot be used as an excuse,” says Kim Parker, Head of Business Development: Corporate Sub-Sahara for Wings Travel Management.
Here is a look at countries with legislations that all business travellers should familiarise themselves with.
Photographs
Those who live in countries where there are few restrictions on the taking of pictures may not think twice about taking their phones out of their pockets and taking a snapshot. Generally, it is not a problem, as long as you are not trespassing when taking the picture or infringing on copyright. There are, however, a number of exceptions.
Sudan is a prime example, where no travellers are allowed to take photographs without a photography permit from the appropriate ministry.
In Brazil, one is not allowed to take pictures of people without their consent. If you take a picture and no-one objects, it is seen as consent. This is also the case in France, Hungary, UAE, and Japan.
In Dubai, many regions are off limits, including government buildings, palaces, military areas, and even bridges. Contravention of these restrictions could have severe consequences. Even where courts find that pictures were taken with no ill intention, a minimum fine of Dh500 (about R1 700) applies. Maximum sentences could run up to Dh5 000 or three months in jail.
It should also be mentioned that government laws are only one aspect of doing one’s homework. Unwritten cultural laws should also be taken into account. There are accounts from a number of countries where photographers were attacked by disagreeing locals, despite them being legally entitled to take the picture.
These exceptions refer specifically to tourists taking pictures. In many instances, taking pictures with the intent to publish them are subject to alternative legislation.
The final reason why it is important to familiarise oneself with laws is that people would claim a law to be in effect, when there is none. There are reports from a number of countries, including Tanzania, where security guards approach people who take pictures and inform them that they are trespassing and if they cannot produce government papers, they have to hand over their cameras and pay massive amounts. In these instances, it often works to tell the shakedown artist that you agree and that it would be better to call the police, which usually sees them change their tune.
Concierge services
Concierge services such as Uber have risen in popularity due to their ease of use and instant availability. However, as they encroach on existing business, there have been a number of actions to have them banned. These have met with varying levels of success. It is important to take note of these, as there are instances where not only the Uber driver, but also the person using the service is considered to be in contravention of the law. In most instances, it is the drivers themselves who can get into trouble by not having the right insurance, for instance. Uber is fighting court cases in many countries across the world, so its status in many countries is constantly changing.
Uber is banned outright in Belgium, the Netherlands, Spain, Thailand and Germany. In South Korea, the service is legal, but can only be operated by licensed taxi drivers.
In India, Uber was welcomed by tourists to overcome the challenges associated with taxis, including haggling over the fare, taxi drivers not complying with the prescribed fare, or not giving change. However, India has tightened its credit card laws that now make it impossible to pay for the ride with a credit card, which means that commuters now have to use alternative pay systems, which considerably complicates the process.
Accessing inappropriate content
Try as they might, companies cannot always prevent their employees from satisfying their curiosity and accessing illicit content on their devices. Although most countries simply ban the websites they do not want people to access, it is still prudent to inform employees of instances where their actions could be breaking the law.
Illicit content laws differ widely from country to country, but these focus mainly on the level of filtering of the Internet that takes place. Government simply does not have the resources to scan every computer for possible contraventions, even where illicit sites are prohibited. But travellers should not tempt fate in countries where it is illegal to visit illicit sites, such as Singapore, where heavy fines or imprisonment can ensue. Even not closing the curtains properly when getting undressed, could be in contravention of the pornography laws. In North Korea, of course, the penalty for watching pornography is the same as for making any international calls, death.
Although it would almost certainly not apply to most business travellers, it is best to advise them to carefully scour their devices for anything that may be construed as anti-government. With the global crackdown on terrorism, any suspicious content on a device might lead to being detained.
Accessing banned websites
In jurisdictions such as China, many websites such as Facebook, Twitter and Skype have been banned. Twitter has also been banned in many jurisdictions that fear a popular uprising in the wake of the Arab spring.
As mentioned, in most countries users do not need to worry too much about accessing illegal content, as government generally bans the sites they do not want people to see. However, many clever users find ways to circumvent these bans, and are playing with fire.
Many websites exist to inform users about ways to access banned sites, usually by accessing them through a foreign virtual private network (VPN). However, the mere use of a VPN can alert governments of a person’s online activity, and should be avoided.
“Therefore, the best advice for a business traveller in terms of their devices is to take a good look at the appropriate legislation, respect the people and their customs, and keep their online curiosity at bay until they return home,” Parker concludes.
*Adapted from a press release for IOL