In the era of widespread use of camera phones and professional equipment, the question of the boundaries of what is permitted when recording video and photographing becomes more acute than ever. Many citizens are still convinced that any action with a camera in their hands requires mandatory permission from others or security, which is fundamentally contrary to the current legislation of the Russian Federation. Filming in a public place is permitted, and this right is guaranteed by the Constitution, but it is not absolute and has a number of important legal nuances.
Understanding your rights is necessary not only for professional photojournalists, but also for ordinary people who conduct video blogs or simply film family holidays in the park. Conflicts with shopping center security, police officers or random passers-by often arise due to the banal legal illiteracy of the parties. In this article we will look at exactly where you can shoot, what it says Civil Code of the Russian Federation about images of citizens and how to behave in controversial situations.
The main principle to remember: if you are in a place accessible to an unlimited number of people, you have every right to record what is happening around you. However, there are exceptions regarding private life, state secrets and commercial activities. Filming in a public place does not require the consent of citizens if they are not the main subject of filming or are in a crowd. Next, we will consider in detail the legal basis and practical aspects of this issue.
Legislative framework: what the law says
The fundamental document governing the right to create and distribute images is Civil Code of the Russian Federation. Article 152.1 of the Civil Code of the Russian Federation clearly states that the publication and use of a citizen’s image is allowed only with his consent. However, there are important exceptions to this rule that actually legalize street photography. Legality of filming in public places is based precisely on these exceptions, which are often overlooked.
Firstly, the use of an image is permitted if it is carried out in state, public or other public interests. Secondly, consent is not required if the image was taken during filming in places open to the public or at public events. Constitution of the Russian Federation Article 29 guarantees everyone the right to freely seek, receive, transmit, produce and disseminate information by any lawful means.
⚠️ Attention: Filming inside private property, private clubs, or in a fenced area of a business without the owner's permission may be considered a violation of property rights or an invasion of privacy, even if there are no formally "Filming Prohibited" signs there.
It is also worth mentioning the law "About the media", which gives journalists the right to freely seek and receive information. Although bloggers are not always formally equated with journalists, the principle of open public spaces works for everyone. It is important to distinguish between commercial use of images and personal archival storage or publication on social networks without the purpose of direct monetization.
Where is it allowed to film without restrictions?
The list of places where you can safely take out your camera is quite wide and covers most of the city infrastructure. The key criterion here is accessibility. Public places - these are territories where entry is open to everyone without presenting passes or purchasing tickets (although entry into some of them may be paid, like in the subway, but the very essence of the space remains public).
Here is the main list of locations where filming, as a rule, does not raise questions from law enforcement agencies:
- 🏞️ Streets, squares, parks, squares and embankments of cities.
- 🏢 Building facades, architectural monuments and street sculptures.
- 🚇Metro stations (after security control), bus stops and airports (public areas).
- 🛍️ Trading areas of shops and supermarkets (as places of free access for consumers).
Shooting in stores deserves special attention. Many customers mistakenly believe that a store is private property and the owner has the right to dictate any rules there. However, according to the law "On the protection of consumer rights" and established judicial practice, the trading floor is a public place. You have the right to film the purchase process, price tags and display of goods for your personal archive or complaint to Rospotrebnadzor.
Filming police officers while on duty is also completely legal. Police officers do not have the right to prohibit video recording if it does not interfere with their work and does not violate public order. In contrast, a dash cam or phone camera is often the best witness in cases of law enforcement misconduct.
Always keep your camera or phone in a visible place when filming in the presence of security personnel. Covert filming may raise suspicions of espionage or theft, leading to unnecessary conflicts and calling the police.
Private life and the image of citizens
The most delicate point in street photography is the balance between creative freedom and the individual's right to privacy. Personal data and the image of a face are objects protected by law. If a person is the main subject of your shot, they are looking into the lens in close-up, or you are filming them in a situation that could be considered intimate, consent is necessary.
However, if a person is simply passing by, standing in line, or in a crowd, and their face is not the center of the composition, there is no need to obtain permission. Case law shows that recognition and context are key. If a person can be identified from a photograph and it could damage their reputation or invade their privacy, then consent is required.
For photographers planning commercial use of images (advertising, magazine covers, stock photos), there is one rule: model release required for all recognizable persons. Without the signed consent of the model, using her image for commercial purposes is prohibited, even if the shooting took place in a different location. For editorial use (news, reporting), a release is usually not required.
⚠️ Attention: Photographing children requires special care. Although the law does not specifically prohibit taking photographs of children in public places, publishing such photos without parental consent can cause serious public outcry and legal problems. It is better to avoid close-ups of unfamiliar children.
It is also important to remember the “right to be forgotten” and ethics. Even if the law is on your side, you should show respect to people who ask not to film them. In most cases, dialogue helps resolve the issue faster than quoting code articles.
Restrictions and restricted areas
Despite widespread permitting practices, there are a number of locations and situations where filming is strictly limited or prohibited by federal laws. Ignoring these prohibitions may result in administrative or even criminal liability. Ban on photography often justified by considerations of state security or the preservation of cultural heritage.
It is strictly forbidden to film at strategic sites, sensitive enterprises, border zones and in places where anti-terrorist operations are being carried out. Restrictions may also apply in courts (without the permission of the chairman of the court), in slot machine halls and casinos, and sometimes in museums (if this is related to the safety of exhibits and the use of flashes, although a complete ban on amateur photography without a flash is often an internal rule, not a law).
Below is a table systematizing the main restrictions:
| Place/Situation | Shooting status | Base |
|---|---|---|
| Court hearing | Only with court permission | Code of Civil Procedure of the Russian Federation, Code of Criminal Procedure of the Russian Federation |
| Sensitive facilities (nuclear power plants, factories) | Prohibited | Official Secrets Act |
| Inside airplanes (takeoff/landing) | Forbidden by the crew | Air code, airline regulations |
| Theater / Cinema (during the show) | Prohibited (violates the rights of others) | Visiting rules, copyright |
| Police station (OVD) | Allowed in common areas | Law "On Police" (Article 8, 29) |
It is worth mentioning copyright separately. When photographing works of art, architecture or design, you should be aware that commercial use of these images may require permission from the author if the subject matter has not yet entered the public domain. However, for personal use and news reporting, freedom of panorama applies.
What to do if security requires you to delete a photo?
It is illegal to request that you delete photos or videos from your media. The security guard has no right to seize equipment, demand a password, or forcefully delete data. This may be regarded as arbitrariness or even robbery. You can refuse by referring to Art. 30.1 Code of Administrative Offenses of the Russian Federation (arbitrariness) and Art. 152.1 of the Civil Code of the Russian Federation.
Actions in case of conflict with security
Conflicts with private security guards in shopping centers or businesses are the most common problem. Security guards often act according to internal instructions, which, however, may not contradict federal law. If you are stopped and asked to stop filming, remain calm and speak to the facts.
The first thing to do is to politely inquire on the basis of what particular law or regulation the requirement is being made. The phrase “our rules prohibit” is not a legal argument, since internal rules do not have the force of law for visitors. Private security has the right only to ask you to leave the premises if you are disturbing public order, but not to dictate how you use the camera.
Algorithm of actions in case of conflict:
- 🗣️ Do not make physical contact or resist, even if the guard tries to snatch the camera.
- 📞 Immediately start video recording the conversation (if it is not already happening) or turn on the voice recorder.
- 👮 Demand to invite a representative of the administration or call the police to clarify the situation.
- 🆔 Ask the security guard to present his private security guard ID and give his number.
Remember that it is a crime for a security guard to confiscate a camera or memory card. In such a situation, you must immediately call the police and report robbery or arbitrariness. Your goal is not to win an argument with the security guard, but to record the violation and continue filming or leave the place without losing data.
☑️ Memo in case of conflict
Technical aspects and ethics of street photography
In addition to legal subtleties, it is important to consider the technical side and unspoken rules of ethics. Street photography requires quick response and the ability to work in difficult lighting conditions. Usage zoom lenses allows you to shoot from a distance without invading people's personal space, which reduces the risk of conflict.
Ethically, try not to film people in vulnerable situations: when they are crying, fighting, highly intoxicated, or doing something that they might perceive as shameful. Respect for your subject is a sign of professionalism. If a person notices the camera and expresses clear disagreement (waving his hand, covering his face), it is better to nod, smile and lower the camera.
For night photography in public places, use equipment with good light sensitivity to avoid the use of aggressive flash, which blinds passers-by and attracts unnecessary attention. Mirrorless cameras with a silent shutter in this regard, it is preferable to bulky SLR systems, since they are less noticeable and do not frighten people with shutter clicks.
⚠️ Attention: The use of drones (UAVs) for filming in public places, especially in cities, is subject to separate, more stringent regulations. Flying a drone over crowds of people or near airports without permission can result in serious fines and confiscation of the aircraft.
In conclusion, it is worth noting that freedom of photography is a tool for social control and self-expression. By using this right responsibly, you not only protect your interests, but also contribute to the formation of a more transparent and open environment around.
Knowledge of Article 152.1 of the Civil Code of the Russian Federation and the ability to calmly argue your position is the best protection against arbitrariness of security and unfounded bans on filming in public places.
Can a shopping center security guard take my camera away?
No, it can't. The security guard does not have the powers of a police officer. Seizure of an item without a court order or as part of a detention (which only the police can do) is illegal and falls under the articles of the Criminal Code of the Russian Federation (arbitrariness, robbery). He can only ask you to leave.
Do I need permission to photograph building facades?
No, it's not necessary. Buildings located in public areas may be freely photographed. Restrictions may only apply to the commercial use of images of some modern buildings that are subject to copyright, but there are no prohibitions for reportage and personal photography.
What to do if the police demand that the video be deleted?
Require the drawing up of a protocol. A police officer can seize a storage medium only within the framework of procedural actions (search, seizure) with the drawing up of a protocol and witnesses. Just like that, “delete and go your separate ways” is illegal. Refer to Art. 29 of the Constitution and Art. 8 of the Law “On Police”.
Is filming allowed in MFCs or banks?
In public areas (waiting rooms) - yes, if it does not interfere with the work of employees and does not violate the rights of other clients (for example, documents of other people are not included in the frame). However, in operational areas where personal data is handled, filming may be limited by internal security regulations.