Is filming a child in public illegal?
Asked by: Lisa Rogahn | Last update: November 10, 2025Score: 4.8/5 (8 votes)
In particular, the Protection of Children Act 1978 restricts making or possessing pornography of children under 18, or what looks like pornography of under-18s. There is no law prohibiting photographing children in public spaces.
Is it illegal to video a minor in public?
It is not illegal to record someone without their consent in a public place if they are visible and audible, especially if they don't have reasonable expectations of privacy. But in a private setting, such as a bathroom or changing area, recording someone without their knowledge is illegal.
Can you film a kid in public?
It is not illegal to record other people, including minors, if you are doing it from a public place or your own property. By showing the video to others, it could be considered an invasion of privacy (this would be for a court to determine) which would be grounds for a lawsuit.
Can you take photos of kids in public?
There is no law preventing people from taking photographs in public. This includes taking photos of other people's children. If you are taking photographs from private land, you need to have the land owner's permission.
Is it legal to take pictures of minors in public?
If someone is out in a public area, such as a park, then you are within your rights to photograph them. This is actually protected under the first amendment.
Is Filming in Public Legal?
Can a stranger take a picture of my child?
“IS IT LEGAL FOR A STRANGER TO TAKE A PICTURE OF A CHILD WHEN THEY ARE IN/ON PUBLIC PROPERTY?” The long of the short of it is YES.
Can you ask someone to stop filming you in public?
California. California requires the consent of all parties, with a minimum consent being the notification that the parties are being recorded in a confidential conversation with an audible beep at particular intervals throughout the recording. Without permission, an individual can face imprisonment and fines.
Can you sue someone for posting pictures of your child?
Currently, no law in California specifically addresses this question. It is up to a judge to decide on a case-by-case basis. In general, if there is proof that actual harm is being done or that the child is in danger as a result of the photos being posted, your ex could prevail in stopping you from posting.
Can someone take pictures of my property without my consent?
It is generally OK for people to take photographs at any public place or any private place that they own or rent. Being present on someone else's private property generally requires the property owner's consent to take photos. You would also need permission to be there in the first place, or you'd be trespassing.
Can you stop someone from posting pictures of your child?
You can ask them to simply keep it private, or request that they delete the picture completely. If the individual is hesitant about your terms, calmly and clearly outline your reasoning for why you trying to protect your child's privacy.
Is taking pictures of children in a public space legal publishing them?
Basically, with a few exceptions, it is actually perfectly legal for strangers to photograph or videotape your child, and they are free to post or publish the images as well. Contrary to what many parents believe, they do not need to give their consent or sign a release.
Is it illegal to video record without consent?
California. California has a stricter law regarding recording conversations. Unlike many states, you need the consent of all parties involved for a legal recording, even if you participate in the conversation.
Can CPS take pictures of my child without permission?
Although not required, you should always make a concerted effort to get parental consent, just as you would do when it comes to entering the home during the investigation or family assessment. Never coerce consent from the parent, and honor the parent's right to withdraw consent at any time.
Are you allowed to film in public?
Taking photographs and video of things that are plainly visible in public spaces is a constitutional right—and that includes transportation facilities, the outside of federal buildings, and police and other government officials carrying out their duties.
Can you post pictures of minors on social media?
Only share images and videos of your children privately. The most secure way is in encrypted group chats like Apple's iMessage or Signal. If you prefer the wider reach of social media, you can post family photos with their faces blurred out or use options that “disappear” like Instagram Stories.
Can I sue someone for video recording me without my permission in California?
You may have grounds to sue someone or a company for recording you without your permission under certain circumstances. California's law, specifically Penal Code 632, prohibits the recording of confidential communications without the consent of all parties involved.
Can you sue someone for taking a picture of you in public?
You could bring a lawsuit by accusing the defendant of an invasion of privacy by appropriation of your likeness, a process known as right to publicity. This law allows you to control and profit from the commercial use of your image, name and persona or your identity.
Can you go to jail for taking a picture of someone without their permission?
It is legal to photograph or videotape anything and anyone on any public property, within reasonable community standards.
Is it illegal to film someone's house?
Using filming footage for commercial purposes, such as in an advertisement or movie, typically requires consultation and permission from the owner. Generally, filming the exterior of private property from public property is legal as long as there is no infringement of privacy or misrepresentation of any kind.
Can you report someone for posting pictures of your child on Facebook?
If your child is under 13 years old: You can request the removal of an image or video of your child aged under 13, please fill out the privacy contact form.
Can you sue someone for posting a video of you without your permission?
You might successfully sue another party who has intruded on your expectation of privacy, such as shooting a video while you are at home or in another private setting where privacy is expected by every individual at the setting. Another party cannot shoot a video to use your name and likeness without your permission.
Can you post pictures of other people's kids online?
You need to think carefully about social media etiquette here. There's a bit of an unwritten rule that you simply don't post photos of someone else's child on social media without their permission.
Which states is it illegal to film someone without consent?
1 California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, and Washington. The vast majority of jurisdictions that criminalize nonconsensual videotaping of a person require that the person be in an area in which that person has a reasonable expectation of privacy.
What do you do when someone is filming you without permission?
You can probably sue someone who records you without permission on private property or when you otherwise expect privacy. But suing someone for recording you on public property — or when they were a party to the conversation — is more difficult.
Do you have to tell someone they are being recorded?
The Federal Wiretap Act makes it illegal for any person to secretly record an oral, telephonic, or electronic communication that other parties to the communication reasonably expect to be private, unless one party consents to the recording.