The Number One Filming Law in Georgia for Producers
Say you’re a filmmaker that is heading to the Peach State to produce a film. You’re probably wondering what the most important rules are to follow when you get there. What’s the number one filming law in Georgia that you absolutely must know as a filmmaker? You might be thinking it has to do with permitting. Or perhaps it’s a film incentive that could lead to generous tax credits? It’s actually not either of those!
As a filmmaker, the number one filming law in Georgia that we think is important for every producer, camera crew, or filmmaker to know has nothing to do with permits or tax credits. It has to do with using cameras to film people without their consent!
Georgia is a One-Party Consent State
You might be thinking. If Georgia is a one-party consent state, that means I can film and record the audio of a conversation as long as I have the consent of one of the parties being recorded? Right?
WRONG!
Georgia’s one-party consent law specifically prohibits the use of cameras to observe a private activity or conversation without consent from ALL parties involved.
In fact, this is the number one filming law in Georgia that we believe is absolutely vital. Be it for all filmmakers, producers, and individuals involved in any form of filmmaking in the Peach State.
So you are caught filming someone without their permission. And they are in an area that is considered private. Or where their activities are considered private. You could face legal penalties as well as stiff civil lawsuits.
Illegally Obtained Video Must Not Be Shared
Have you obtained video recording in Georgia that captured the private activities of an individual or group without their consent? Perhaps you were filming a public location, but you captured a group in the distance using a telephoto lens?
If you’ve obtained illegally captured video, and you did not seek consent from the individuals from which you have filmed, you must not share the video or otherwise use it for any commercial purposes – otherwise you could face a lawsuit.
Georgia Code
According to Georgia Code Ann. 16-11-62, -66(a) in-person conversations may only have audio recording if at least one-party consents to the recording.
Under this statute, the private conversation of another must not be filmed, as secretly observing the activities of another, or trespassing on private property to eavesdrop is against section 16-11-62(3) of Georgia Code.
Criminal & Civil Penalties
Now that you’re familiar with the number one filming law in Georgia that could get you into true legal trouble if you fail to obey, let’s take a look at what kind of criminal penalties could advance from a lawsuit of this stature.
Criminal penalties for recording someone in Georgia without permission could lead to felony charges, imprisonment, and up to five years in jail or up to a fine of $10K – or both.
In Summary
From a civil standpoint, penalties for illegally recording or filming may include a variety of protections.
Individuals that choose to bring a civil lawsuit against a filmmaker who captures audio and video without consent may request a variety of civil penalties as has been seen in Kemeness v. Worth City and other suits.
