If you run a business, chances are you’ll film something at some point.
Maybe you’re posting behind-the-scenes content on social media, capturing customer testimonials, livestreaming an event, filming a pop-up activation, or installing CCTV to protect your premises. And if you’re doing any of that in a public place (or near one), it’s natural to ask: is it illegal to film people in public in Australia?
The frustrating answer is: it depends.
Australia doesn’t have one single “public filming law” that applies everywhere. Instead, what you can (and can’t) do is shaped by a mix of state and territory surveillance laws, privacy rules, workplace obligations, and general legal risks (like defamation and misleading conduct).
Below, we’ll walk through how filming in public generally works in Australia, what changes when you’re filming for business purposes, and the practical steps you can take to reduce legal risk while still creating great content.
Is It Illegal To Film People In Public In Australia?
In many everyday situations, filming people in public is not automatically illegal in Australia.
If someone is in a genuinely public place (like a street, park, or public square), there is often a lower expectation of privacy than if they were in a private space. That said, this doesn’t mean you can film anything, anywhere, for any purpose.
For businesses and startups, the main legal “risk zones” tend to be:
- Where you are filming (public space vs private property, and what “public” really means);
- How you are filming (video only vs audio as well, hidden recording, use of drones, etc.);
- What you capture (particularly sensitive situations); and
- What you do with the footage (posting online, using in ads, storing it, sharing it internally).
This is why the same act (recording a short clip) might be low-risk in one scenario (a wide crowd shot at a street festival) and high-risk in another (recording a clear close-up of someone and using it in a paid ad).
If your filming also includes audio, the risk increases quickly. Australian rules about recording audio conversations can be stricter than rules about filming video, and they vary across states and territories.
It’s worth reading these topics together in practice: recording laws in Australia and your specific use case (marketing, security, workplace monitoring, customer service, etc.).
Public Place Vs Private Property: Why Location Matters (A Lot)
Before you even think about consent, start with the most practical question: where are you filming?
Filming In A “Public Place”
Generally, a “public place” is somewhere the public can access (like a footpath, a public beach, a public park, or a public road).
In these spaces, filming is often allowed, but you should still be careful about:
- Harassment-style filming (following someone, repeatedly filming them, or filming in a way that could be intimidating);
- Filming children (even if not automatically illegal, it is higher-risk and can raise serious safety and reputational issues);
- Filming in sensitive situations (medical incidents, accidents, distress, intoxication, etc.); and
- Publishing or using the footage commercially (which can create additional legal obligations and risks).
Filming On Private Property That The Public Can Enter
This is a common trap for businesses. Places like shopping centres, retail stores, cafés, co-working spaces, gyms, and event venues may feel public because customers can enter - but they are often privately owned.
On private property, the property owner (or occupier) can usually set conditions of entry. That can include restrictions on filming and photography.
For example:
- A shopping centre can ask you not to film in common areas without permission.
- An event venue can require you to follow media/photography rules in your ticket terms.
- Your business can set rules for filming inside your own premises (as long as they’re lawful and properly communicated).
If you plan to film content on someone else’s premises, it’s often worth getting written permission. If you’re running the venue, clear signage and clear terms help set expectations.
Consent, Audio Recording, And The Question “Can You Film Someone Without Consent?”
This is where a lot of online discussions get messy, because people mix up different legal concepts.
You might see the related question: can you film someone without consent"Or “is it illegal to film someone without their consent”"
For businesses, the most useful way to think about it is:
- Filming video in public is often not illegal by itself, but the situation matters.
- Recording audio (especially private conversations) can be much more regulated and can require consent depending on the state/territory and circumstances.
- Using footage for commercial purposes can significantly increase risk and, in many cases, makes getting consent the most practical option even if filming wasn’t unlawful at the time.
Be Careful If You Record Sound
If your camera captures audio (even if that wasn’t your main goal), you may be stepping into “listening device” territory under state and territory laws, which differ across Australia.
This is one reason why businesses should be cautious filming customer interactions or staff conversations, particularly if the recording is not obvious.
If your business also records calls, the same principle applies: be clear, be transparent, and get the settings and scripts right. It’s worth aligning your practices with business call recording laws so you don’t accidentally end up with a compliance issue.
Commercial Use: Consent Is Often The Smart Move (Even If Not Always Legally Required)
Even if you could lawfully capture footage in public, using a person’s identifiable image in marketing is a different risk profile.
Australia does not have a single, standalone “image right” or general publicity right that automatically makes all commercial use illegal without consent. However, consent is still often strongly recommended because it can help manage privacy expectations and reduce the risk of disputes (and other legal issues, depending on the context).
If you’re planning to use footage in:
- paid social ads,
- a website banner,
- a brand campaign,
- a case study or testimonial, or
- any content that clearly promotes your business,
you should strongly consider getting clear, written consent (such as a talent release, model release, or on-camera consent).
As a general rule: the more identifiable a person is, and the more “commercial” the use is, the more you should move away from relying on implied consent and towards getting express permission.
If you want a deeper look at the consent side of filming, including higher-risk scenarios, filming without consent is a useful reference point when you’re setting internal policies.
Common Business Scenarios: Social Media Content, Events, Testimonials, And CCTV
Let’s make this practical. Here are common situations where businesses ask whether it’s illegal to videotape someone without their permission - and how to approach them.
1) Filming Promotional Content In Public (Reels/TikToks/Street Interviews)
Short-form content is great for growth, but street filming is where businesses can accidentally overstep.
Risk is usually lower when:
- you’re filming wide shots where individuals aren’t the focus,
- people are incidental in the background, and
- you’re not recording private conversations.
Risk is usually higher when:
- you film a close-up of a person without engaging with them,
- you record audio of a conversation without clear awareness/consent,
- you post footage that could embarrass the person, or
- you’re filming children.
Practical tip: if you’re going to approach members of the public, have a simple consent process ready (even a quick written release on a phone, plus a clear verbal confirmation on camera).
2) Filming Inside Your Store, Studio, Or Venue
If you operate a customer-facing premises, you can usually set rules about filming and photography in your space.
But you still need to think about privacy and transparency, especially if customers will be recorded in a way they wouldn’t reasonably expect.
A simple approach many businesses use:
- Signage at the entrance stating filming/photography may occur;
- Staff training on how to respond to people who don’t want to be filmed;
- Opt-out options where feasible (for example, designating a no-filming area); and
- Consent forms for featured customers (testimonials, interviews, before/after content, etc.).
If you’re collecting personal information through footage (including identifiable images), it may also be appropriate to provide a Privacy Collection Notice, particularly where filming is connected to marketing, membership sign-ups, or customer accounts.
3) Event Filming (Workshops, Launches, Conferences, Pop-Ups)
Events are one of the easiest places to manage filming lawfully - because you can set expectations upfront.
Consider:
- including filming terms in your ticket/registration process;
- signage at the entrance;
- making announcements at the beginning (“We’ll be filming today…”); and
- providing a clear point of contact for opt-outs.
If you’re planning to use the footage later, think about whether you want separate consent for:
- social media posts,
- paid advertising, and
- long-term reuse (for example, future campaigns).
4) CCTV For Security
CCTV is common and often legitimate - but it’s not a “set and forget” system.
For businesses, CCTV raises questions like:
- Where can cameras be placed?
- Do you need signage?
- How long can you keep footage?
- Who can access it?
- What if cameras capture neighbours, public footpaths, or shared areas?
These issues are often governed by state/territory surveillance rules, and also by broader privacy and workplace obligations depending on your setup. A helpful starting point is CCTV laws in Australia, especially if you’re installing cameras in customer-facing areas, workplaces, or shared spaces.
Many businesses focus on whether filming is legal, but the bigger risk often comes after filming - when the footage is used, shared, stored, or published.
Depending on your business size, industry, and the type of information involved, privacy obligations may apply when you collect and use personal information.
Even where the Privacy Act doesn’t apply to your business in every situation, privacy is still a strong “best practice” area because it affects customer trust and brand risk.
If you’re collecting identifiable images, names, voices, or customer stories for marketing or operational purposes, it’s worth having a properly drafted Privacy Policy so you’re clear about what you collect, why you collect it, and how people can contact you.
Defamation: Reputational Harm Can Create Legal Risk
If footage (or captions) identifies a person and suggests something negative about them, defamation risk can arise even if the filming itself was lawful.
This can happen in ways businesses don’t always expect, such as:
- posting “shoplifter” footage when you’re not 100% sure;
- sharing a customer complaint interaction with commentary;
- showing someone in an embarrassing moment; or
- publishing footage that triggers online pile-ons.
Practical tip: if you’re sharing footage to warn staff internally, keep it internal. Publishing is a different step with different risks.
Australian Consumer Law (ACL): Don’t Mislead With Testimonials Or “Social Proof”
If you’re using video testimonials or user-generated content, be careful not to edit or present content in a way that is misleading.
For example, if your video suggests results that are not typical, or if you present a paid influencer as a “normal customer” without proper disclosure, you can create consumer law risk.
The simplest rule is: be honest, be clear, and don’t overpromise.
Workplaces And Staff: Special Rules When You Film Employees
Many startups create content in their workplace - team culture videos, behind-the-scenes footage, training snippets, and product packing videos.
But employees are not “background props”, and filming at work can create legal and HR issues fast if it isn’t handled carefully.
In addition to privacy and consent issues, you also need to think about:
- Workplace surveillance laws (which differ by state/territory and are particularly detailed in NSW);
- Employment law (fair and reasonable directions, policies, bullying/harassment concerns); and
- Work health and safety (for example, filming that distracts from safe operations).
If cameras are used for monitoring, you’ll want to be especially careful about how (and why) they’re used. This can overlap with the broader question of are cameras legal in the workplace and what notice, policies, and safeguards are needed.
Practical tip: If your team will appear in marketing content, it’s wise to address this in employment documents and workplace policies (for example, a social media policy, a privacy policy, and clear internal consent processes).
Practical Compliance Checklist For Businesses Filming In Public
If you want a simple way to lower risk while staying practical, this checklist is a good starting point.
Before You Film
- Clarify the purpose: is this security, content marketing, training, evidence of an incident, or a customer testimonial?
- Confirm the location: public place, private property, or a private venue open to the public?
- Decide whether you need consent: especially if individuals will be clearly identifiable or featured.
- Check whether sound will be recorded: if yes, treat the project as higher-risk.
- Prepare your communications: signage, announcements, opt-out instructions, and staff scripts.
During Filming
- Keep it transparent: avoid hidden filming unless you have very specific legal advice and a strong justification.
- Avoid sensitive moments: accidents, distress, medical emergencies, intoxication, or minors.
- Be responsive: if someone asks not to be filmed, have a plan (stop filming them, reposition, or blur later).
After Filming (Where Risk Often Increases)
- Review the footage: check who is identifiable and what the footage implies about them.
- Store it securely: limit access, use appropriate retention periods, and avoid sharing casually via personal devices.
- Get written releases for commercial use: especially for close-ups, testimonials, and paid campaigns.
- Be careful with captions and voiceovers: what you say about a person can create defamation risk.
If your business is using a consistent filming strategy (content days, regular customer stories, CCTV across multiple locations), it’s worth treating filming like any other operational risk - set a process, document it, and make sure staff know what to do.
Key Takeaways
- Filming in public isn’t automatically illegal in Australia, but it depends on where you are, whether audio is recorded, and what you do with the footage afterwards.
- Private property that’s open to the public (like shopping centres and venues) can still impose filming rules, so permissions and conditions of entry matter.
- Recording audio often increases legal risk, so be cautious when filming conversations or customer interactions, particularly given state/territory differences.
- Using someone’s image for marketing isn’t governed by one single “image rights” law in Australia, but consent is often the most practical way to reduce risk - especially for identifiable close-ups and paid advertising.
- Footage can trigger privacy, defamation, and consumer law risks even if the filming itself seemed lawful at the time.
- Workplace filming needs extra care, including clear policies, staff communication, and compliance with any applicable workplace surveillance requirements in your state/territory.
If you’d like help setting up filming consent processes, workplace policies, or privacy documentation for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
