However, s 7(1) of the Act prohibits installing, using or even maintaining a ‘listening device’ that hears or records private conversations, whether or not the user is a party to those conversations. Under s 8 of the Surveillance Devices Act 2007 (NSW), the use of visual recording devices such as video cameras is only prohibited where trespass on private premises is involved. Though the legislation is slightly different in each state and territory, the best practice for film makers who record or capture peoples’ conversations on film and/or to use such footage in their film is to get the explicit consent of anyone whose conversation they record. Such legislation also generally restricts publishing or ‘showing’ unauthorised recordings that were obtained by using such a listening device. In all states and territories, there is a specific prohibition on the use of a listening device (such as a mobile phone or hidden film camera) to record a private conversation without the consent of the participants to that conversation. There is legislation in each state and territory concerning surveillance and listening devices (which would including mobile recording devices such as mobile phones), intended to protect peoples’ private activities and conversations. Those issues arise because people can easily be recorded on such devices without their knowledge. However there are some important legal matters that are particularly relevant to the making of films on a smartphone or surveillance device. Generally, the same legal issues need to be considered whether your film is made on a phone, or any more traditional equipment.
Making short films or videos using mobile phone technology is increasingly common.
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