Drone Photography: Balancing Privacy, Property and Legal Boundaries in Malaysia and Comparative Perspective

The rapid advancement and widespread accessibility of drone technology have significantly transformed aerial photography, enabling individuals and organisations to capture images and videos with ease and affordability. While drone photography offers benefits in journalism, mapping, disaster management, and commercial services, it also raises legal concerns relating to land ownership, airspace rights, trespass, nuisance, and privacy. In many jurisdictions, existing legal frameworks were developed prior to unmanned aerial vehicles and struggle to address the regulatory challenges posed by drones. This study examines the legal implications of drone photography from the perspective of land law and privacy protection, with reference to Malaysia and selected comparative jurisdictions. It analyses how traditional land law principles, including the ad coelum doctrine, interact with modern drone regulations and evolving privacy concerns. Using a doctrinal legal research approach, the study evaluates statutes, regulatory instruments, and judicial decisions to assess current responses to low-altitude airspace, property rights, and privacy. The findings identify a regulatory gap between aviation safety requirements and civil liability, property, and privacy protection. The article contributes by proposing a four-factor doctrinal framework altitude, purpose, landowner consent, and compliance with Civil Aviation Authority of Malaysia regulations for assessing drone trespass, while comparative analysis highlights regulatory approaches that may inform a more coherent Malaysian framework.