The Tate Modern has reopened its top floor viewing gallery, but with new ‘no photos’ signs, following a privacy case brought by the owners of luxury flats nearby. Earlier this year, the Supreme Court ruled in favor of five residents who argued that living in the flats felt like being on display in a zoo. The residents originally sought an injunction in 2017 to restrict access to the top floor platform but were unsuccessful. The gallery had been fully closed since the pandemic but reopened partially on Monday. The south-facing portion with views over the flats remains closed, pending a resolution with the residents. Signs reminding visitors not to take pictures are displayed, with the south-facing part designated for emergency use only. The owners of the flats won their privacy case at the Supreme Court, arguing that the platform interfered with their right to privacy. The court ruled in their favor, finding that the living areas of the flats were constantly observed from the Tate’s viewing gallery. A sign with a camera symbol crossed out asks visitors to respect their neighbors’ privacy. The court also ruled that the gallery’s viewing platform, which directly overlooked the flats, constituted a legal nuisance. It noted that inviting the public to view from the gallery was an exceptional use of land and not a necessary or ordinary part of operating an art museum. The case will now return to the High Court to determine whether the residents can obtain an injunction to prevent the use of the viewing platform altogether. The Tate Modern reopened gradually after the pandemic, and the gallery plans to continue opening other spaces that are currently closed.
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