Massachusetts Laws on Recording in Public

In Massachusetts, silent video and photography in public are legal. The wiretap statute, Mass. Gen. Laws ch. 272, Section 99, bars only secret audio recording, not recording itself. Openly recording police performing duties in public is permitted because open recording is not secret under the statute.

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 or up to 2.5 years in a jail or house of correction, and a fine of up to $10,000.

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 may order you to stop recording only if they can reasonably conclude the recording itself is interfering, or about to interfere, with their duties (Gericke v. Begin, 1st Cir. 2014, applied in Rollins), and they can still give reasonable orders to keep back or stop interfering
• Under Riley v. California (2014), police generally need a warrant to search the contents of your phone, although they may hold the phone while they get one
• 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:

• Any person may record an open session of a public meeting after first notifying the chair of the public body (Mass. Gen. Laws ch. 30A, Section 20(f))
• The recording cannot disrupt the proceedings, and the chair may set reasonable requirements on the number, placement and operation of equipment
• At the beginning of the meeting, the chair must inform the other attendees of any recordings
• 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:

Secretly recording a conversation is a felony regardless of the circumstances or location, although a judge may impose a jail or house-of-correction term of up to 2.5 years instead of state prison; disclosure of illegally recorded content and possession with intent are lesser offenses punishable only by a house-of-correction term.

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

Back to Massachusetts Recording Laws

Commonwealth v. Grimaldi (2026): bodycams at a checkpoint

The Massachusetts Supreme Judicial Court decided Commonwealth v. Grimaldi, 497 Mass. 615 (2026) (SJC-13842) on June 2, 2026. State troopers used openly displayed, chest-mounted bodycams and a large, reflective roadside sign warning of audio-visual recording at a sobriety checkpoint. The SJC held that the troopers did not commit a willful interception under Section 99, because willfulness requires an intent to record someone without their knowledge, and reversed a lower-court order suppressing the footage. The SJC relied on the warning sign, the troopers' open use of the cameras, and the brightly lit checkpoint to conclude that the troopers did not intend to secretly record, which a willful interception requires; it expressly did not decide whether the recording was secret. The court tied that conclusion to the facts of the case, and held that the defendant's possible failure to see the sign could not make the interception willful.

More Massachusetts Recording Topics

• Massachusetts Biometric Privacy Laws
• Surveillance Camera Laws

More Massachusetts Laws

• Massachusetts AI Meeting Recording Laws
• Massachusetts Dashcam Laws
• Massachusetts Data Privacy Laws
• Massachusetts Deepfake Laws
• Massachusetts Employee Monitoring Laws
• Massachusetts GPS Tracking Laws
• Massachusetts Police Bodycam Laws
• Massachusetts Smart Glasses Recording Laws

Frequently Asked Questions

Can I record conversations in public in Massachusetts?

Only if all parties know about the recording. Being in a public place does not create an exception to the Massachusetts wiretap statute. Secretly recording any conversation, even on a public sidewalk, is a felony under Mass. Gen. Laws ch. 272, Section 99, punishable by up to 5 years in prison and a $10,000 fine.

Can I take photos and video in public in Massachusetts?

Silent photography and video recording in public spaces are generally protected by the First Amendment. The restriction is on secretly capturing audio of conversations. Silent video of public scenes, buildings, and events is legal. Adding secret audio recording to your video creates felony liability.

Can I record a public meeting in Massachusetts?

Yes. Under the Massachusetts Open Meeting Law (Mass. Gen. Laws ch. 30A, Section 20(f)), any person may make an audio or video recording of an open session of a public body after first notifying the chair. The chair may set reasonable rules on the number, placement and operation of equipment, must tell the other attendees about the recording at the start of the meeting, and the recording cannot disrupt the proceedings.

Can I live stream in public in Massachusetts?

You can live stream video of public scenes. However, if your live stream captures a conversation with someone who does not know they are being recorded, you may violate the wiretap statute. Always inform people when you are recording or streaming their conversation.

Is drone recording legal in Massachusetts?

Drone video recording in public airspace is generally governed by FAA regulations. If a drone has a microphone that captures private conversations below, the Massachusetts wiretap statute could apply. Silent aerial video recording is subject to federal drone rules rather than state wiretap law.