Massachusetts Laws on Recording in Public

Massachusetts does not give you a free pass to record conversations just because you are in a public place. This is one of the most common misconceptions about the state's recording laws. Under Mass. Gen. Laws ch. 272, Section 99, secretly recording any oral communication is a felony, regardless of where the conversation takes place. Standing on a public sidewalk does not change the law. Sitting in a public park does not change the law. Being in a restaurant, store, or shopping mall does not change the law.

The penalty for secretly recording a conversation in public is exactly the same as secretly recording one in a private home: up to 5 years in state prison and a $10,000 fine, with no misdemeanor option.

This guide explains what you can and cannot record in public spaces in Massachusetts, the one major exception for recording police, and how the Open Meeting Law affects recording at government meetings.

The Public Place Misconception

Why Public Spaces Are Not an Exception

Many people assume that conversations in public places are fair game for recording because there is "no expectation of privacy." This assumption works in many states, but it does not work in Massachusetts.

The Massachusetts wiretap statute does not use the concept of "expectation of privacy" as its triggering mechanism. Instead, it focuses on a single question: was the recording secret? If the recording is secret and captures an oral communication, it violates the statute. The physical location is irrelevant.

This means:

• Recording a conversation at a coffee shop without the speakers' knowledge is a felony
• Recording a conversation on a park bench without disclosure is a felony
• Recording a conversation in a shopping mall without all parties knowing is a felony
• Recording a conversation on a public sidewalk without disclosure is a felony

The statute makes no distinction between conversations in private homes and conversations in public squares. The "secret" element is what triggers criminal liability, not the location.

How Massachusetts Differs From Most States

In most one-party consent states, recording in public is straightforward: if you are part of the conversation, you can record it. In many of those states, recording conversations you overhear in public may also be legal if the speakers had no reasonable expectation of privacy.

Massachusetts rejects this entire framework. Even as a participant in the conversation, you cannot secretly record it. Even in a location where privacy expectations are low, secret audio recording is a felony. This makes Massachusetts one of the most restrictive states in the country for public recording.

What You CAN Record in Public

Silent Video

Silent video recording in public spaces is generally legal in Massachusetts. There is no broad state statute prohibiting the act of filming in public areas. You can record silent video:

• On public sidewalks, streets, and highways
• In parks and open public spaces
• At public events, rallies, and demonstrations
• In commercial areas open to the public
• From your own property, aimed at public areas

Silent video becomes problematic when it involves:

• Voyeuristic content targeting intimate body parts (violates Section 105)
• Persistent filming of a specific person in a way that constitutes harassment or stalking
• Recording in areas with restricted access (government buildings, military installations)

Recording Police in Public

The one clear exception to the secret audio recording ban in public is recording police. The First Circuit ruled in Project Veritas Action Fund v. Rollins, 982 F.3d 813 (1st Cir. 2020) that secretly recording police officers performing duties in public is protected by the First Amendment.

This means:

• You can record police openly or secretly in public
• You do not need to announce that you are recording
• Officers cannot order you to stop recording or seize your device
• This protection applies only to police performing official duties in public

The Project Veritas exception does not extend to recording private citizens. You can secretly record a police officer making an arrest on the street, but you cannot secretly record the bystanders' conversation about what they just witnessed.

Public Events and Performances

Recording at public events depends on the nature of the event:

• Government public meetings: Generally open to recording under the Open Meeting Law
• Public protests and demonstrations: Recording participants in a public demonstration is generally permitted, though secretly recording private conversations within the crowd is not
• Street performances: Performers in public are generally subject to being recorded, though secretly recording their private conversations off-stage is not permitted
• Press conferences: Open to recording by design

Open (Non-Secret) Recording

You can record any conversation in a public place if all participants know about the recording. If you walk up to someone on the street and say "I am recording this conversation," and they continue talking to you, the recording is legal. The statute only prohibits secret recording. Open, disclosed recording in public is lawful.

Public Meetings and the Open Meeting Law

The Massachusetts Open Meeting Law

The Massachusetts Open Meeting Law (Mass. Gen. Laws ch. 30A, Sections 18-25) guarantees public access to government meetings and generally permits recording. The law applies to:

• Town and city council meetings
• School committee meetings
• Planning and zoning board meetings
• Other meetings of government bodies at the state and local level

Your Right to Record Public Meetings

Under the Open Meeting Law:

• Citizens may record any open session of a public meeting
• The recording cannot disrupt the proceedings
• The chair of the meeting must inform attendees at the beginning that a recording is being made if requested
• Public bodies cannot prohibit recording as a condition of attendance
• Both audio and video recording are permitted

Limitations on Recording at Public Meetings

While recording open sessions is a right, some restrictions apply:

• Executive sessions (closed sessions) are generally not open to public recording
• Recording cannot interfere with the meeting or obstruct other attendees
• The public body may establish reasonable rules about camera placement and equipment to avoid disruption
• Recordings of public meetings are generally considered public records

Street Photography and Filming

Photography in Public

Massachusetts generally permits photography and filming in public places. The right to photograph or film in public is protected by the First Amendment. You can photograph:

• Buildings, landmarks, and public infrastructure
• People in public spaces where they have no reasonable expectation of privacy
• Public events, parades, and gatherings
• Street scenes and urban life

When Photography Crosses a Legal Line

Photography and filming in public become illegal when they involve:

• Voyeuristic content targeting intimate body parts (Section 105)
• Stalking or harassment through persistent, unwanted following and filming, which may violate Mass. Gen. Laws ch. 265, Section 43 (stalking statute)
• Trespassing to photograph on private property
• Obstruction of traffic, emergency services, or government operations

Drone Recording in Public

Drone operators in Massachusetts must comply with both FAA regulations and state law:

• Drones equipped with microphones that secretly capture conversations from above could violate Section 99
• Silent drone video recording in public airspace is generally governed by FAA rules
• Massachusetts does not have a specific state drone privacy statute, but existing wiretap and privacy laws apply
• Municipal ordinances in some Massachusetts cities restrict drone operations in certain areas

Content Creation and Live Streaming in Public

Social Media and Live Streaming

Content creators who film in public places in Massachusetts should understand these rules:

• Silent or music-backed video of public scenes is generally permitted
• Interviews and conversations must be conducted with the other person's knowledge that recording is occurring
• Live streaming a conversation with someone who does not know they are being streamed violates Section 99 if it captures their speech
• Ambient crowd noise captured by a camera in a public setting is not the same as targeted recording of a specific conversation

Commercial Filming

Commercial filming in public spaces often requires permits from local authorities. Massachusetts cities and towns may have their own permit requirements for:

• Film and television production on public streets
• Commercial photography at public landmarks
• Advertising shoots in public spaces

Permit requirements are separate from the wiretap statute. Having a filming permit does not authorize secret audio recording of private conversations.

Penalties for Illegal Public Recording

Criminal Penalties

The penalties for secretly recording conversations in public are identical to the penalties for secret recording anywhere else:

Offense	Maximum Prison Term	Maximum Fine
Secret recording of a conversation in public	5 years (state prison)	$10,000
Possession with intent to secretly record	5 years (state prison)	$10,000
Disclosure of illegally recorded content	2.5 years (house of correction)	$5,000

Every offense is a felony. There is no misdemeanor option regardless of the circumstances or location.

Civil Liability

Victims of illegal recording in public can pursue civil damages under Section 99 Q:

• Liquidated damages of $100 per day or $1,000 minimum
• Actual damages if they exceed the liquidated amount
• Reasonable attorney fees and court costs

Massachusetts Recording Laws by Topic

Phone Call Recording | Audio Recording | Video Recording | Workplace Recording | Recording Police | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording | Voyeurism & Hidden Cameras

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