Is it legal to film someone without their consent? Here’s what Georgia law allows
Videos, reels, snaps, and stories are filled with examples of people recording other people whether they know it or not. But is that legal? And what could happen to someone if they were caught doing it? Georgia law lays out some pretty specific guidelines, but it might not be what you think it should be.
It is not illegal to record someone
Recording others in public is covered under Ga. Code Ann. § 16-11-66(d). It specifically states, Georgia prohibits the use of a camera “without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view.”
This means you can’t film them in their own home, but once they enter the public sphere, their likeness and their actions are fair game. This accounts for all the videos captured of people behaving regrettably that lands in our feeds and timelines.
There is no escaping it, but it is legal for someone to pull their phone out to start filming you right there on the street. It is not legal, however, for someone to record you in private when there is an expectation of privacy. That is, indeed, against the law.
It gets a little dicier when it comes to sound recording, however. Georgia law says that you can record a conversation as long as one participant consents to it. This means I can secretly record a conversation with you, but someone else isn’t allowed to record a conversation we had.
What are the penalties if caught?
If you are caught filming someone in private or recording a conversation without the participants’ permission, then you could do jail time and pay some hefty fees. The law states, “Violation of any provisions of the statute is a felony and carries a penalty of imprisonment between one and five years or a fine of up to $10,000, or both.” You could also be sued in civil court and ordered to pay punitive damages.
What happens if someone sells the video?
It is illegal to distribute, “photographs or video of another’s activities in a private place without the consent of all parties involved.” In recent years there has been some major legislation concerning “revenge porn.” First time offenders can get away with a misdemeanor, but repeat offenders are charged with a felony and are levied fines of up to $10,000.”
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