Do I Need Permission to Film in a Public Place?

Under Australian law, you are generally entitled to film in a public space without anyone’s consent. This includes recording buildings, sites, and even people.

However, there are certain situations where you will need permission, and the purpose of your filming will determine whether a permit is required, and from whom.

This article examines filming in a public place for a private purpose, and filming for a commercial purpose.

Filming in a Public Space for a Private Purpose

Under the Surveillance Devices Act 2007, filming in public spaces for personal use is not restricted. If you are recording in areas that are open and accessible to the public such as parks, beaches, footpaths, or popular landmarks like the Sydney Harbour Bridge, you do not need permission from anyone who appears in your footage.

The key point is that personal use is what matters. Whether you are capturing memories or filming as a tourist, as long as the footage is for your own private purposes, you are free to record it. Even if the land is owned by a local council, as long as its considered a public space, there is no legal requirement for permission.

Australia does not have a bill of rights that governs the right to privacy.

So, if you film someone in a public space, they can not stop you or demand that you delete the footage. If someone doesn’t want to be filmed, they can put their hand over their face or cover it by some other means so they cant be identified (which you have probably seen everyone from celebs to defendants do on TV). By they can’t demand your memory card, or to have the images or footage deleted.

What is Personal Use?

Personal use is what you naturally understand it to mean, and is any use that is not commercial.

For example, if you are filming the area of Circular Quay and the Sydney Opera House for your own preservation of memories as a tourist, you don’t need the permission of Sydney City Council or the Sydney Opera House management.

Nor do you need the permission of anyone recorded in that film.

People are filmed in public spaces without their consent dozens of times a day by surveillance equipment in the street, entering a bank or on train platforms.

All of this footage is for personal use in that it is not used commercially.

You can also attach your own CCTV camera to your property to record activity on the footpaths or roads outside, and you do not need permission.

Filming in a Private Space Without Consent

Filming on private property is only legal if you have obtained explicit permission from the property owner. Without the owner’s consent, recording or capturing images or video on their property can be considered an invasion of privacy or trespassing. The rightful owner of the property has the right to request that filming stop and can use reasonable force to move the person away from the premises if they do not comply. 

Ignoring a request to leave private property could lead to serious criminal charges.

In particular, Section 547C of the Crimes Act 1900 addresses the offence of peeping or prying, which can occur when an individual enters or is near a building with the intent to secretly observe or gather private information about another person.

The key elements are:

1. Entering or being near a building 
2. That you did, or intended to peep or pry upon another person;
3. That you have no lawful excuse for doing so.

If convicted under Section 547C, a person could face up to 3 years imprisonment and a fine of 2 penalty units.

This is why it is important to respect property boundaries and always acquire permission prior to filming on private property to avoid legal consequences. Similarly, when it comes to filming in public places for a commercial purpose, there are specific rules you need to follow to ensure you are not violating any laws.

Filming in a Public Place for a Commercial Purpose

If you want to film in a public space that is owned by a council, or the NSW Government in the case of national parks or state buildings for example, it is important to seek a licence if you are intending to use the video for any type of business purpose or commercial use.

For example, if you have taken a video on public land and you choose to publish that recording on the internet as part of your blog, if goods or services are being generated from that blog, then the publication of the video is for a commercial purpose.

A commercial purpose is when the video recording will be used to promote goods or services, or when it generates income (either by monetary profit or by enhancing reputation).

If the recording is used for study or research, then that is not considered a commercial purpose.

It is also important to note that photographers working in the mainstream media do not generally require approval for filming or taking still shots on public land.

When a film is being used for a commercial purpose, the Copyright Act 1968 applies to protect a person’s image or a building being associated with that commercial purpose unless permission is obtained first.

Essentially, consumers ought not to be misled into believing that your product or service has an association with another person or building unless the subject has permitted that association to be made.

Failure to get consent for filming in a public place for a commercial purpose can result in a fine issued by the Australian Competition and Consumer Commission (ACCC) or a breach of copyright.

Councils and government authorities in NSW are bound by the Filming Approval Act. If proper processes are followed, licences to film are usually granted.

So before you start filming in a public place, it’s a good idea to think carefully about your purpose and perhaps speak with an experienced lawyer.

If you have a specific idea in mind and want to use the footage commercially, or you even think you may want to use it commercially at some point in the future, it’s probably best to seek permission.