Can I film or photograph my neighbours without their consent?
It depends — where and what you film decides everything, and "in a public place anything goes" is a dangerous myth. Under Article 2.22 of the Civil Code, a person's image (a photo, a video) may be reproduced, sold or published only with their consent. In a public place you may photograph, but even such an image may not be published if it demeans the person's honour and dignity. Filming into another's home, a fenced yard or covertly watching a person is prohibited by Article 2.23 (inviolability of private life). The key point people miss: filming and publishing are two separate acts, and the fact that a person did not object to being filmed does not mean they consented to that footage being published. In more serious cases there is not only a claim for damages but criminal liability under Articles 167 and 168 of the Criminal Code.
📋 The rules
- A person's image may be reproduced, sold or published only with their consent (CC Art. 2.22)
- In a public place you may photograph, but may not publish if it demeans honour and dignity
- Filming into another's home or fenced yard is a breach of private life (CC 2.23)
- Unlawful collection of private-life information — Art. 167 CC (up to 3 years)
- Filming and publishing are two separate acts, each needing its own consent
🔓 Exceptions
- Consent is not needed when filming a person's public activity, their office, or at a law-enforcement demand
- Filming in a public place is not banned in itself, if the image does not demean the person and is not published
- Journalistic activity and a genuine public interest are subject to separate exceptions
⚠️ Penalties & fines
The key is to separate filming from publishing, and private space from public. If a person's image is unlawfully published or used, under Article 2.22 of the Civil Code the injured party can demand that the acts stop and claim pecuniary and non-pecuniary damages. Filming into another's home, a fenced yard or covertly watching a person breaches the inviolability of private life (CC 2.23), and unlawfully collecting (Art. 167) or disclosing (Art. 168) private-life information carries up to three years in prison. What people miss: these are private-prosecution offences — the injured person starts the process, so a neighbour can file a complaint directly with the court. The myth that "in a public place anything goes" is misleading: even a lawfully filmed image may not be published if it demeans the person's honour, dignity or business reputation.
📎 Official sources
- e-seimas · Civil Code, Articles 2.22 and 2.23 →
- e-seimas · Criminal Code, Articles 167 and 168 →
- VDAI · personal data and filming →
❓ Frequently asked
Can I film a neighbour in my own yard?
Filming a person without consent, especially to publish the footage, is restricted by CC Article 2.22, and filming into their home or fenced yard is banned by CC Article 2.23. A neighbour incidentally appearing in shot in a public space is judged more leniently than deliberate surveillance of their private territory.
Can I post a neighbour's photo online?
No, publishing a person's image generally needs their consent, and the public-place exception does not allow demeaning content to be published. Importantly, filming and publishing are two separate acts — not objecting to being filmed does not mean consenting to the footage being shared.
Is it legal to film in a public place?
Filming in a public place is generally allowed, but the image may not be published if it demeans a person's honour and dignity. Moreover, even from public space you may not deliberately film into the inside of others' homes or a fenced private territory, as that breaches the inviolability of private life.
What is the difference between filming and publishing?
They are two independent acts, and each in principle needs separate consent from the person. Case law stresses that a person not objecting to being filmed is not the same as consenting to that footage being broadcast or published.
What is the liability for unlawful filming?
The injured party can, in civil proceedings, demand that the acts stop and claim pecuniary and non-pecuniary damages under CC Articles 2.22 and 2.23. In more serious cases, criminal liability applies under Criminal Code Articles 167 and 168, which carry up to three years in prison.
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