Can I film or photograph my neighbour or other people without their consent in Malta?
It depends a lot on the context — there is no general ban on taking a photo in a public place, but there are clear red lines. Filming or photographing a person in a public place (including officials such as police and wardens) is generally not illegal in itself. But: intimate or sexual filming without consent is an offence under the Criminal Code (Cap. 9), and sharing or posting online a private image aggravates the offence; in a recent case (2026) a foreign visitor received a two-year suspended sentence for recording and sharing a video without consent. Beyond that, if you film identifiable people for a purpose that is not purely personal — for example to publish or to surveil a neighbour — the GDPR and the IDPC apply. The myth is double: those who think "you can never film anyone without consent" (false in public) and those who think "I can film anyone however I like" (also false — intimate filming, harassment and posting online have limits).
📋 The rules
- There is no general ban on taking a photo or filming in a public place, including public officials carrying out their duties.
- Intimate or sexual filming or recording without consent is an offence under the Criminal Code (Cap. 9), and consent to the act does not mean consent to the recording.
- Sharing or posting online a private or intimate image without consent is a separate and aggravating offence.
- Repeated, targeted filming of a person can amount to harassment under Cap. 9, even from a public place.
- Filming identifiable people for a purpose that is not purely domestic (e.g. publication or surveillance) falls under the GDPR and the IDPC.
🔓 Exceptions
- Purely personal or domestic use (family photos) generally falls outside the GDPR, as long as it is not shared or otherwise used.
- Journalism and public interest enjoy greater protection under freedom of expression, balanced against privacy.
- Filming in a private place (inside a home, changing room or toilet) or of intimate parts can easily be an offence, whatever the purpose.
⚠️ Penalties & fines
The consequences vary with what you film and what you do with it. Intimate or sexual recording without consent, and even more so sharing it, can bring criminal proceedings under Cap. 9 with imprisonment or a suspended sentence — as happened in a recent case where a foreign visitor received a two-year suspended sentence. Filming that becomes harassment can bring a protection order and penalties. On the data-protection side, if you publish or use images of identifiable people without a legal basis, the IDPC can order you to delete them and, in serious cases, impose a fine. The victim can also seek civil damages for breach of privacy and reputation. Even where the act itself is not an offence, posting a video of a neighbour in an argument online can quickly turn into a defamation or data-protection case against you. The practical tip: if you want to document a dispute with a neighbour, keep the footage private as evidence and do not put it on social media.
📎 Official sources
- Legislation Malta · Criminal Code (Cap. 9) — intimate filming, harassment and images →
- IDPC · privacy and the use of images on social media →
- Legislation Malta · Data Protection Act (Cap. 586) →
❓ Frequently asked
Can I film my neighbour during an argument in the street?
In a public place it is generally not illegal to film, and the footage can serve as evidence. But if it becomes repeated and targeted it can amount to harassment, and if you post it online you can open a defamation or GDPR case, so keep it private.
Is it legal to film the police or wardens?
Generally yes, filming public officials carrying out their duties in a public place is not prohibited. You still cannot obstruct their work, and the use of the footage then falls under the normal rules of privacy and defamation.
My partner filmed an intimate moment without my agreement — is that an offence?
Yes, intimate or sexual recording without consent is an offence under the Criminal Code, and consent to the act does not mean consent to being filmed. Sharing the video aggravates the offence substantially, as recent cases in the Maltese courts show.
Can I post a photo of someone else on Facebook without consent?
If the photo is purely personal it may fall outside the GDPR, but the moment you publish it in a way that identifies someone you may need a legal basis. The person can ask you to remove it, and in case of harassment or defamation can bring a case, so it is better to get their agreement.
What can I do if someone is filming me constantly?
Persistent, targeted filming can be harassment under the Criminal Code, and you can report it to the police. If images of you are being kept or spread, you can also file a complaint with the IDPC and ask for them to be deleted.
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