Can You Be Kicked Out of a Public Library in Australia for Filming?

Updated in 2023

While it may seem intuitive to think that a public place like a library is a no-film zone, the situation is more complex in practice. In this article, we will explore the nuances of filming in public libraries in Australia and how to ensure compliance with local laws and rules.

Understanding Public Libraries

Public libraries in Australia can be a place of knowledge, community, and tranquility. They are government-owned establishments, but it is important to recognize that they function as both public buildings and institutes. These environments have unique rules and regulations that govern behavior and activities within their premises.

Permission Required for Filming?

While you can generally take photos and videos in public spaces in Australia without seeking explicit permission, the situation can be different within a library. Unless you have the permission of the library manager, you might be required to ask before filming. This is because libraries aim to prioritize the peace and order of their patrons.

Law and Filming Behavior

Libraries must adhere to local laws and guidelines, and they can enforce rules that maintain a respectful and orderly environment. Filming behavior may be considered disruptive if it interferes with the rights and experience of other library patrons.

Behavior that could lead to a disturbance includes actions like:

Spreading unnecessary noise or conversation that disrupts others Filming in a manner that humiliates or harasses other patrons Filming in an area that is specifically designated as non-filming

Furthermore, the library might legally refuse your filming activities if you are suspected of inappropriate behavior like up-skirting, which is not only unethical but can be illegal.

Consequences of Disruptive Filming

If your filming behavior disrupts the library environment, library staff will typically first approach you to discuss the issue and encourage you to stop. If you refuse to comply, the situation may escalate:

Library staff may request you to stop filming and leave the premises. If you continue to cause a disturbance, library staff may call security or the police to remove you forcibly.

It's crucial to note that even if the library asks you to leave, you have the right to film in public spaces outside the library. You should only seek permission from the library when filming inside its premises.

Respectful Filming Techniques

To avoid any issues, it is advisable to film in a manner that respects the library and its patrons. Some tips for respectful filming include:

Avoid recording or filming inappropriate or sensitive material. If filming individuals, make sure to obtain their consent, especially if the footage will be shared publicly. Avoid filming during peak library hours when the building is most crowded.

The key is to be mindful of your surroundings and the rights of others. By acting responsibly, you can enjoy the benefits of public spaces like libraries without infringing on the rights of others.

Legal Considerations

If you believe that a law or rule of the library is unconstitutional, you can take legal action. However, this is a complex and time-consuming process, and it is typically more practical to comply with the rules that are in place.

In conclusion, while you generally have the right to film in public spaces in Australia, filming in a public library requires special consideration. Always check the library's specific rules and regulations, and be respectful to ensure a positive and compliant experience for all.