Filming in Public Places: What to Know Before You Go

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A photographer kneeling on a cobblestone street taking a shot in a public place
Photo by Jahanzeb Ahsan via Unsplash License

Four Minutes, Then the Security Guard

You arrived at the mall at ten in the morning, and it was as quiet as you'd hoped.

You set up the tripod in front of the glass frontage, mounted the camera, framed the shot, and started recording your first line.

Four minutes later a security guard was standing in front of you saying: "No filming."

You told him the place was public.

He said it wasn't.

You argued a little, so a colleague of his appeared, then you were asked to delete what you'd shot, then you were asked to leave.

You walked out half an hour later with no usable shot and a mood that ruined the rest of the day.

And the guard was right. A mall is private property, and its management has every right to stop you.

Why Nobody Can Give You One Rule

This is the subject where laws and customs differ most between countries.

Three things vary from place to place: what counts as a public space at all. Whether filming there requires a permit. And what counts as "commercial" filming requiring additional permission.

So any article giving you a definitive verdict is misleading you. What can be offered here is a way of thinking that lowers your chance of running into trouble.

Concept One: "Looks Public" Isn't "Is Public"

Plenty of places we walk through daily aren't legally public.

The place What it usually is
Malls and shopping centres Private property with its own rules
Stations and airports Under an administrative authority and security rules
Cafés and restaurants Private property
Museums and heritage sites Permits and fees in most countries
Streets and squares Closest to "public", and even then rules differ

The practical rule: if a place has a door and a management, it isn't public, and its management can stop you.

Concept Two: Being Allowed to Stand There Isn't Being Allowed to Film

Being in a place and filming in it are two different permissions.

And the size of your production changes the classification. The difference between someone filming on a phone and a crew with a tripod and lights is large in the eyes of any administration.

A phone in hand passes almost anywhere. A tripod draws attention and often requires permission, which is exactly what the guard in our story was reacting to. Lights and a crew are a production and usually need a permit.

So if you want the least friction, start with the smallest setup.

Places That Deserve Extra Caution

Some locations are sensitive in most countries with no meaningful exception.

Security and military facilities, and often the areas surrounding them. Airports, ports and borders. Hospitals, for privacy before security. Places of worship, which have customs before they have laws. Schools, because of children. And courts and government buildings.

And the rule here is different: in these places, don't film and then apologise. Ask first, and if there's nobody to ask, don't film.

How to Ask Permission in Practice

Ask before taking the camera out, not after. The order changes the response considerably.

Direct your question to the right person: the branch manager rather than an employee, the security supervisor rather than a guard.

Be specific: "I'm going to film on my phone for ten minutes for a video on my channel, and I won't film customers." An open-ended question gets refused as a precaution.

And mention what you won't do, because that reassures more than describing what you will.

And get something in writing if you can, even a text message. The person who gave you permission may not be there an hour later.

And If You're Told to Stop

Stop immediately. Arguing on location never works, and confrontation with security always ends in you losing time and possibly all your footage. Which is what cost half an hour at the top of this article.

Calmly ask for the reason and the authority, because there may be a permit route you can take another time.

Don't lie about what you're filming or what for, because that turns an administrative matter into a trust matter.

And if you're asked to delete what you've shot, this is a point where laws differ enormously, and it's exactly where you need to know your country's law before you find yourself in it.

Preparation That Saves You Problems

Visit the place the day before with no gear. You'll learn who to ask, when the crowds thin out, and where the likely problem is.

Film at quiet times. Fewer people means fewer objections.

Carry something that identifies you, on paper or digitally. Having a card or a letter of introduction changes how you're treated.

And know your fallback. If you're turned away from the first location, where do you go?

An Important Warning

Laws on filming in public differ fundamentally between countries, and in some cases between cities within one country. They also change with circumstances and seasons.

This article covers general principles of professional conduct. It isn't legal advice and it isn't a judgement on any particular country's situation.

Before any important shoot: check the law where you're filming, ask the authority responsible for the location, and consult a professional if the production is large or commercial.

In Short

Ask first. Start with the smallest setup. Stop when you're asked to. And know the law where you are.

Most problems in location filming aren't legal at all. They're misunderstandings that one question five minutes earlier would have prevented.