Across Australia, recording in public is typically lawful — but there are clear boundaries set by various laws. Depending on where, who, and how you’re filming, you could unintentionally breach criminal, privacy, or nuisance laws.
Whether you’re creating content for TikTok, documenting a public event, or filming for professional purposes, it’s crucial to understand your legal rights and responsibilities before you hit record.
With more than 90% of Australians owning smartphones, public filming is second nature. But if you’re not careful, what starts as innocent footage could lead to serious legal consequences.
This guide explains what the law does (and doesn’t) allow when filming in public spaces across Queensland — and what to do if you face legal trouble.
The Legal Starting Point: Public Filming is Generally Permitted
Queensland doesn’t have one overarching law that outright bans filming in public areas. This means you are generally free to record in places like streets, parks, footpaths, or beaches — areas the public has lawful access to. This principle is underpinned by the broader democratic right to freedom of expression.
However, this freedom is not absolute. It sits alongside other legal protections — particularly around privacy, public order, and property rights. Filming in a public space may be lawful in theory, but in practice, your actions can still lead to criminal or civil liability if you breach these limits.
Key Legal Restrictions on Filming in Queensland
Let’s look at the major legal frameworks that apply when filming in public spaces in Queensland.
1. Criminal Code Act 1899 (Qld): Privacy Offences
Under section 227A of the Criminal Code Act 1899 (Qld), it is an offence to record a person without permission in a setting where they would reasonably expect privacy.
You may face legal action for recording individuals in areas such as:
- toilet or public bathroom
- changing room
- medical clinic or treatment area
- other locations where privacy is reasonably expected
To breach this section, two elements must be proven:
- Lack of consent from the person filmed
- The context or location justified the person’s expectation to not be recorded.
Even if the filming is accidental or incidental, criminal liability can still arise. Courts assess the situation by looking at factors like the environment, how the footage was captured, and whether the actions were intentional or reckless.
2. Invasion of Privacy Act 1971 (Qld): Audio Recordings
While video recording in public spaces is usually allowed, audio recording a private conversation to which you are not a part of (face to face with an individual or group, or a phone call) may breach the Invasion of Privacy Act 1971 (Qld).
Under the Act, it’s unlawful to use any kind of audio device to capture private conversations unless every person involved agrees to it. A “private” conversation doesn’t have to happen behind closed doors — if the people involved believe they’re speaking in confidence, it may be protected.
For example:
- Filming a couple talking quietly on a park bench with a directional microphone may be illegal
- Recording someone’s phone call in a café without their knowledge could also be a breach
3. Filming on Private Property: Get Consent
You’re generally allowed to photograph people or private property from public spaces, as long as you don’t enter the property. For example, standing on the footpath and snapping a photo of a house across the street is usually legal, but stepping onto the driveway to get a better angle without permission could be trespassing.
However, even if you’ve been permitted to enter private property, you must still get the owner’s permission before filming or taking photos. Ignoring this could result in legal action or police involvement.
4. Permit Requirements from Local Councils
Some areas, while open to the public, are managed or governed by local councils or statutory bodies and may require permits for filming, especially if:
- You’re using tripods, drones, or lighting rigs
- Your filming may obstruct public access
- You’re filming for a commercial purpose
Examples include:
- South Bank Parklands (Brisbane)
- Queen Street Mall and other managed precincts
- National parks and nature reserves
5. Filming Artistic Works in Public Spaces
Under the Copyright Act 1968 (Cth), artists usually hold the rights to control how their work is used. However, Section 65 of this Act allows you to film or photograph artworks that are permanently displayed in public spaces, like street murals or sculptures in parks, without needing permission.
But there are limits:
- Permitted: Including a fixed public artwork in a broader shot. For example, a mural in the background of your vlog is usually fine.
- Not permitted: Temporary installations (e.g., festival art), or cases where the artwork is the main subject, especially in commercial content.
- Grey area: If the art is central to your video, even if it’s public, you may still need the creator’s permission.
In short, if the art is just part of the setting, you’re likely safe. But if you’re featuring it prominently—especially to make money—it’s best to get legal advice or written consent. Knowing these boundaries can help you avoid copyright issues and protect your work from future legal trouble.
How the Law Applies
Filming in Parks, Beaches, and City Streets
This is generally permitted, but proceed with respect and caution. Recording wide-angle shots of crowds or city life is typically fine. However, focusing on individuals without their consent, especially for broadcast or commercial reasons, can raise ethical and legal concerns.
Filming at Events or Public Gatherings
Public protests, parades, or community events often occur in public places. You can usually film these without issue. However:
- Be mindful of signs or announcements stating “no filming”
- Respect security or police instructions
- Don’t interfere with operations or obstruct access
Filming People Without Consent
This is where things get murky. While there’s no law preventing you from filming strangers in public, lingering, zooming in on individuals, or continuing to film after an objection may be interpreted as harassment.
To avoid conflict:
- Consider informing people you’re filming
- Offer to blur faces in post-production if content is being published
Handling Disputes or Objections
Public filming can lead to uncomfortable confrontations — especially if someone believes their privacy has been violated. Here’s how to handle it:
- Stay calm and don’t do anything that might escalate the situation.
- Communicate your purpose calmly and respectfully
- Consider stopping filming or deleting footage if asked — particularly if the person is vulnerable or distressed
- Know when to walk away — safety comes first, and you’re not legally obliged to continue filming during a confrontation
Commonly Asked Questions About Filming in Public
Can I film police in public?
Yes. Filming police officers in public is legal in Queensland, provided you do not interfere with their duties or obstruct operations. Be aware that officers may ask you to stop if they believe you’re causing disruption or endangering a situation.
Is it okay if bystanders are in my video?
Yes. Generally, people who appear incidentally in public background footage cannot claim a right not to be filmed. However, be cautious about using close-up shots for commercial or promotional use without consent.
Final Thoughts: Balancing Freedom and Respect
Filming in public in Queensland is mostly legal — but that doesn’t mean anything goes. Filmmakers must balance their right to freedom of expression with the rights of others to privacy, safety, and public order. Knowing where the boundaries are — and staying on the right side of them — is not only smart but essential.
If you’re unsure about a specific filming situation or if you’ve been accused or charged with a criminal offence related to filming, talk to one of our award-winning Brisbane and Gold Coast Criminal Lawyers immediately.
We can assess your situation, explain your rights, and help you respond effectively — whether that means defending a charge, negotiating with authorities, or resolving a dispute. Call us now for expert legal advice and representation.
