Is it legal in the US to videotape someone without their consent and post it online?

Question

For example, a mother breastfeeding her child.

OlderAndWiser · Accepted Answer

Unless you are on federal property, such as a national park or military installation, that is a matter governed by state law and the law between the fifty states is not always uniform. So. . . no one can really answer you unless to say what state you are in.

If you want to PM me to get more info on this question, rather than posting that info publicly, feel free to do so. And if you don't do that because you are concerned for your privacy, I understand that, also.

exitseven · Accepted Answer

oddly enough you can videotape anyone without their permission but it is against the law to audio tape somebody without their permission. Pretty messed up, huh?

MCheetah · Answer

Yes, that is perfectly legal. Now, is it ethical? That's a different conversation and I'd say, no it isn't.

The reason it is legal is because there is no way to enforce that as a law if you made it illegal. What are you going to do, stop all people from recording anything and everything in public? News stations would be screwed. You'd need everyone in the world to sign a waiver or NDA just to be able to use a video camera or phone. Some people are scumbags and will record people online, but the onus of privacy is on the websites and you would have to go through them to get your image removed off of them.

worldscolide · Answer

It depends on the state. Most states there is no expectation of privacy in public places. Hence why YouTube vids dot have blurred faces most of the time. On that same token, if you're filming for say a television show or movie, you have to get a release signed for them to be allowed to use your face.

So it depends on the use as well. Legally you're allowed to film the police, but they try to charge you with wire tapping because of the audio. This was over turned in the Supreme Court recently, in Florida anyway, and so now they can't be charged with a crime.. Again this varies state by state.

KostasKouvalis · Answer

Where are they? Usually if they are in a PUBLIC space, and you're on a sidewalk or street, you're allowed to legally videotape and post anything you see in the background.

And usually in businesses that serve the public like stores, restaurants, museums and hotels you can videotape anything on the grounds, unless there is a sign saying otherwise. You can also legally tape public servants.

Where it becomes illegal is if the person is in a place where they expect privacy, like if you're filming them through their window. .

Smoke-n-Growls · Answer

Probably not, but if you're a breastfeeding mother out in a public space (the mall, a bus, a street, etc), you have already given up your right to privacy.

You're choosing to breastfeed in a public place. You're choosing to do that.

So if you're taped there's no problem. You're in public, people have camera phones. It's reality and it doesn't give a fuck about your feelings.

If you don't want to be filmed, do that in private where it IS illegal to film you without consent.

Now, you can politely ask the person to delete the footage, but you don't have much power to force them to delete it.

But knowing you and how you keep bothering me with these self-indulgent cries for attention, you won't ask politely and you'll still feel entitled.

I just feel sorry that your children are being raised by a woman like you who worries more about social media than, y'know, HER ACTUAL SPAWN.

KellyTarrel · Answer

I think as long as they are somewhere that they have no expectations of privacy it's legal to film and post.

I know at one time I heard a man filmed up a girl's skirt somewhere and the judge at the time said it was crappy but legal since was in a store and she had no expectations of privacy.

Red_Arrow · Answer

Generally speaking, it is legal to record someone when they are in a location where the would be not expectation of privacy. Recording in public is usually legal. It is usually legal to record someone outside in the open and inside buildings open to the public such as a museum. However you have an expectation of privacy in the restroom, so that would be illegal.

Novacane · Answer

No, it is a crime, they can press charges and you can get fined for it. For example, technically speaking if you have cameras at your home they can only be cameras that are showing your home. You are not allowed to record anything outside of your home due to privacy, so take it the same way, you are not allowed to record something that isn't you or not yours without consent.

Exxon · Answer

If a mother breastfeeding her child in a public place, I don't think recording her is illegal. I mean cameras everywhere, lots of vloggers walking around with their cameras, So if that mother find herself in one of that videos, a judge can do nothing. nah i don't believe it.

snackthatsmilesback · Answer

If they're in a public area, I think it's legal to film yes. A bit rude but legal.

Of course if there is a child then it could be difficult to post. I know there can be pretty strict rules about posting content with children in it on most sites where you can post videos—especially without their consent. Maybe not illegal still, but I think it's against most sites' rules.

Anpu23 · Answer

There is no expectation of privacy if someone is in public view. The key here is public view. A mother under a shawl is herself in public view but the child and her are not.

As to video taping and publishing it's more murky. The laws change from place to place and the privacy expectation gets more tricky.

Mangospacho · Answer

If you’re in a public area, it is legal and no consent is needed. If someone records you while you’re in your own home or if you’re using a restroom, that’s when it becomes illegal. Hopefully @olderandwiser has some more insight since he is an attorney.

t-8900 · Answer

No they can do so unless it's in a private space. Otherwise they can record you. Why? I don't know since you can't do that with audio.

slatyb · Answer

In public? Yes, it, is. Anything viewable from public property may be freely photographed or videoed. The copyright belongs to the photographer. The owners of private space may forbid photography or sound recording.

Anonymous · Answer

I just know that you can get in trouble videoing cops, in some states. The ACLU used to have an app, where you could video a cop, and the video went straight to the cloud, and wasn't saved on your phone. If you got arrested, there'd be no proof that you were recording.

SaoirseS · Answer

Yes it’s legal from what every lawyer tells me. We have no reasonable expectation of privacy in public places. A mother breastfeeding a baby is not considered indecent.

HighValue · Answer

In public places you can record people and post it. The problem comes when you try to gain profit from it. Then the laws vary based on your location/state.

Ad_Quid_Orator · Answer

I don't know but I came up with this one trick for taking really high quality pictures of people without their permission.

Basically you get out your phone camera, put it on selfie mode and tell your target "hey XXXXX, look at this picture I took of you" and when they come over to see the alleged picture (when their fully in the selfie camera's field of view) you snap the picture of them.

nawtee_me · Answer

Could it be considered making porn? Not that breastfeeding is phonographic in any way but to film it without permission and show it to others?

FunkyMonkee · Answer

People in general, I'd say, no. People in fairly touchy situations like that if they are the featured subject in the video, I don't think it'd be illegal but, it COULD get you into trouble.

aquamarine321 · Answer

I don’t know about us laws and that, but I know it’s illegal in my country

Is it legal in the US to videotape someone without their consent and post it online?

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