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  1. #1

    Default Is It Illegal to Film Employees in a Store

    My question involves criminal law for the state of: Florida

    So I've seen a lot of Youtube videos being filmed in Walmart and Walmart employees harassing and threatening them with arrest, not that I'm planning to film in Walmart but I'm very curious about what the law is.

    Is it illegal to film in Walmart?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Is It Illegal to Film in Walmart

    There's probably no law against just filming scenes of people.

    But Walmart is private property and those who enter are invitees who can be removed from the premises by security people the moment they do something objectionable to Walmart.

    What is illegal is recording audio of private conversations without the consent of the participants as well as filming in restrooms and fitting rooms.

    So, yes, depending on the circumstances an arrest is possible.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Is It Illegal to Film in Walmart

    There is no law against taking video in a place of business other than in places where privacy is obviously an issue (e.g. in restrooms, fitting rooms, etc). That said, a business may prohibit a person from recording while on its premises, may eject someone who is recording in violation of that prohibition, and if the person remains and continues to record after being told he/she has been ejected that person may be subject to arrest for criminal trespass. So it is not the recording itself that is the problem but rather continuing to record after being told to stop that may create the criminal issue.

    Note that recording audio conversations of others may violate federal and/or state wiretapping laws if the person doing the recording does not have the necessary consent. Under federal law, the consent of at least one party to the conversation is required. Under Florida law, the consent of ALL parties to the conversation is needed. There are exceptions in both federal and Florida law where consent is not necessary, but unless you know that an exception exists in the particular circumstances you are recording then you run the risk of committing a crime if your video also captures audio of others speaking.

  4. #4

    Default Re: Is It Illegal to Film in Walmart

    Thanks.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Is It Illegal to Film in Walmart

    If they tell you to leave and you don't, you very well can be arrested.

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