ASK & DISCUSS INDEX

8 years, 5 months ago - John Lubran

Lot's of difinitive discussion about this easily found in the archives. The answer on fundimental law is yes. One can film anything from a public space. However defamation, misrepresentation and other common law Torts ought to be reason for reasonable behaviour.

8 years, 5 months ago - Paddy Robinson-Griffin

It may depend on the country - in the UK you should be fine subject to John's comments. I recall Greece and dine countries get very jumpy if you're taking photos of airports it infrastructure.

8 years, 5 months ago - Andrew N. Hill

You cannot film in a public street or other public location without a licence from the local authority no matter what you're filming. But once you have a licence you can, as far as I know, film public buildings. I'm not sure what the position is if you want to film someone going into or out of the building you would probably need permission to do that. Finally don't take anything I have said as a definitive statement of the law.; may I recommend a book called "The Filmmakers' Legal Guide" by Tony Morris pub. Brown Dog Books.

8 years, 5 months ago - Mark Wiggins

I've filmed right outside the MI5 building. We had all the relevent permissions but that didn't stop half the local police force turning up and all our names beng taken.

8 years, 5 months ago - Giulio Gobbetti

Thank you all for your comments!

First, yes I am talking about the UK.

John, I had read some other archive entries but I wanted to be sure whether there was some sort of clause preventing people from filming government buildings even from outside. The shots are definitely not going to be mis-representative in any way - it's probably mostly going to be establishing shots.

Regarding what Andrew says, I have done a lot of small-scale filmmaking in the past (a camera and a tripod) without really going to local authority to get permission for filming in several streets in London. Maybe I was wrong here, but I never felt it was really necessary. Am I greatly underestimating the issues that I may face down the line for not having asked permission?

Mark, I guess that is bound to happen in certain situations. For one thing, I will be filming buildings with a much lower profile than MI5 (probably local authority buildings and local magistrate's courts), so I think the issue will be less present. And yet, it is good to know that IF someone comes and get our names we know that we are in the right.

8 years, 5 months ago - John Lubran

No local authority can prevent you filming from a public place. However not all places accessable by the public are public places. Conversely some places declared not to be public places are. The issue of licences is very contentious because it's said to be empowered by 'by-law'. But a by-law s not actually a law but a regulation having the force of law because it's simply reiterating a law or statute. No such law curtailing filming from a public place exists other than safety and security powers that in themselves are empowered under the common law 'Duress of Circumstance', override. What aa authority issuing licences is actually relying upon is the power to prevent or control an obstruction, which is why the licence is issued for using a tripod or other ground based grip; not for using a camera. However, test cases have proven that merely using a tripod is not prima facie proof of an obstruction. An actual obstruction according to the English language definition has to be proven.

One can film anyone or anything from a public place even if such an entity is in or on a private place. Attempting to defeat a reasonable effort of privacy through the use of very long lenses and spying technologies is only valid where issues of significant public interest, the detection of crime etc., etc., is warranted. Police and other people can ask any questions they like but unless you are pertinent to a crime or in control of a motor vehicle then technically one need not explain oneself at all. Doesn't mean though that police like entities won't overstep their authority so intelligent and graceful responce is usually best.

8 years, 5 months ago - Giulio Gobbetti

Thank you John, very clear and thorough!