Is it legal to film someone without their consent?

Radical Denominator asked:


This question is especially directed to situations involving protest where people may or may not say “I do not give you permission to film me”.

Also, do police officers have the right to put their hand over a camera or order you to turn it off or ‘put it down’?

I would like answers to cite specific legal references or application in an area that would know the extent of the law.

Thank you.

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12 Responses to “Is it legal to film someone without their consent?”

  1. Mickey Mouse Spears says:

    You can film anybody who is in a public place where there is no expectation of privacy.

    Police officers have a right to order you to turn a camera off if you are filming on private property.

  2. Paul P says:

    Yes it is. That is why they blur out faces in videos.

  3. denverlmc says:

    I agree with Mickey Mouse with one addition - check the laws in your state, they vary on the subject.

  4. Jade T says:

    Depends where you are on earth, in most places you cant tape people and show it publicly unless you hide there identity. However some palaces like burger king… Disney world… those places have no restrictions on there property about cameras. However if you tape and are not planning on putting that video out there on the internet, tv.. if your simply keeping it to yourself. Then its fine, and if someone asks you to not tape them, dont tape them. That simple

  5. jamesfolk77 says:

    celbes dont give paparazzi consent to follow them around. so i guess it is legal.

  6. eurometrix says:

    my way is hwy. regulations

    if second ruled out there is always fist

  7. rffar says:

    no it is not legal

  8. 3dollardragonfly says:

    Its illegal I know that much Not sure about protesters though.

  9. Katie says:

    Yes it is illegal to film someone without their consent due to the privacy act that has been put in force. If you are filming on someone else’s land the cops can tell you to leave for them. The laws have changed since 911. Be careful and check with the police in your area.

  10. TB says:

    I don’t have case law, but I’ll answer based on what I know as an ex-law enforcement officer. In filming, the spirit of the act is considered. For example, when filming a crowd of thousands of people, it’s impossible to get consent. If you are sneaking to do it, selling it, or broadcasting it, and focusing on someone, consent is required. Also, there is no inherent right for a cop to touch your camera unless he deems it some sort of threat after you have disobeyed his orders.

  11. jakflak says:

    It’s legal to film someone in public, yes.

  12. mande says:

    I’m a filmmaker, so I’ve looked into this before.
    There are gray areas, but basically if someone is in public, not on private property, they have no right to tell you not to film them, or that you can’t use their likeness.

    It’s touchy with the cop issue, because first of all, all ‘benefit of the doubt’ goes with the cops in most cases.
    They can make claims such as, they are trying to protect the public and you in some way are interfering with that, blah blah blah.
    Technically, IF you’re not doing anything illegal in the filming itself, they have no right to tell you to stop.
    However, they will usually make claims such as you were blocking them doing their jobs, or that you didn’t have permits to film, etc.

    The best thing is to pretend to comply, not to be defiant.
    Because being defiant to a cop, almost never comes out in your favor.
    Sure, you can say in court later that you were in the right, and maybe even be proven so.
    But in the meantime, your camera has been slammed onto the pavement, your film stock/tapes have been lost or damaged, you have a broken rib from being clubbed… you get the idea.

    But protesters have NO RIGHT telling you to stop videotaping/filming.
    If you are doing this, and they physically attack you, make sure you leave the camera rolling to collect evidence against the bastards.
    You can then haul them into court for denying you your civil rights, as well as assault charges, etc.

    Do what I do when filming; keep a can of mace on you.

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