Arkansas Video Recording Laws: Public Filming, Private Property, and Consent (2026)

Arkansas allows video recording in public spaces without consent, as no state law restricts filming where there is no reasonable expectation of privacy. Audio captured alongside video follows one-party consent under Ark. Code Ann. 5-60-120, and secret recording in private places is a felony under Ark. Code Ann. 5-16-101.

Arkansas does not have a single comprehensive statute that governs all video recording activity. Instead, video recording is regulated through a combination of general privacy principles, the video voyeurism statute (Ark. Code 5-16-101), the wiretapping statute that governs accompanying audio (Ark. Code 5-60-120), and the Arkansas Freedom of Information Act.

This guide covers every major scenario for video recording in Arkansas, from filming in public to using cameras on private property.

Video Recording in Public Spaces

General Rule: No Consent Required

Arkansas imposes no general restriction on video recording in public spaces. You can film on public streets, sidewalks, in parks, at outdoor events, and in any area that is open to the general public. No one's consent is needed because there is no reasonable expectation of privacy in these settings.

This principle is supported by longstanding constitutional law. The First Amendment protects the right to record matters of public interest, and courts have consistently held that what is plainly visible in a public place can be photographed or filmed.

What Counts as a Public Space?

Public spaces in Arkansas include but are not limited to:

• Streets, sidewalks, and public rights-of-way
• City and state parks
• Public transportation systems and stations
• Government buildings open to the public
• Public plazas and town squares
• Outdoor markets, festivals, and public gatherings

Some spaces may appear public but are actually private property. Shopping malls, for example, are privately owned even though the public is invited in. The property owner or manager can set rules about filming on their premises.

Recording Public Officials and Government Proceedings

The Arkansas Freedom of Information Act (Ark. Code 25-19-106) requires that meetings of public bodies be open to the public. Act 310 of 2021 amended the FOIA to expressly permit "copying through image capture, including still and moving photography and video and digital recording."

You can record the following types of government proceedings in Arkansas:

• City council meetings
• County quorum court meetings
• School board meetings
• Public hearings and commission meetings
• Meetings of any board, bureau, commission, or organization supported by public funds

Public entities must maintain a recording of each open public meeting for at least one year from the date of the meeting. The Arkansas Attorney General's office provides guidance on FOIA compliance, and the 2025 FOIA Handbook details the recording rights of the public.

Video Recording on Private Property

Property Owner Rights

On private property, the property owner or occupant has the authority to decide whether video recording is permitted. A homeowner can prohibit guests from filming inside their home. A business owner can require that customers refrain from recording on the premises.

If a property owner asks you to stop recording and you refuse, you may be asked to leave. Remaining on the property after being told to leave can result in trespassing charges under Ark. Code 5-39-203.

Tenant Rights

Tenants generally have the right to record video inside their own rental units. However, recording in common areas of an apartment building may be subject to rules set by the landlord or property management company. For more detail, see our page on Arkansas landlord-tenant recording laws.

Recording on Business Premises

Businesses in Arkansas can establish policies regarding video recording. Retailers, restaurants, hospitals, and other businesses regularly restrict or prohibit filming. These policies are enforceable through the business's right to control its own premises and to refuse service to individuals who violate its rules.

However, there are limits. A business open to the public generally cannot prohibit recording in a manner that violates other laws, such as prohibiting customers from recording discriminatory treatment that may serve as evidence in a civil rights claim.

Arkansas Video Voyeurism Law: Ark. Code 5-16-101

The most serious video recording offense in Arkansas is video voyeurism, codified at Ark. Code 5-16-101. This statute imposes felony-level penalties for using cameras or recording devices to secretly observe or record people in private settings.

Section 5-16-101(a): Secret Observation or Recording in Private Areas

Under this subsection, it is unlawful to use any camera, videotape, photo-optical, photo-electric, or image recording device to secretly observe, photograph, film, or videotape a person in a private area where they have a reasonable expectation of privacy and have not consented to the recording.

Penalties:

• First or second offense: Class D felony (up to 6 years in prison under Ark. Code 5-4-401)
• Third or subsequent offense: Class C felony (3 to 10 years in prison)

Section 5-16-101(b): Recording of the Body Without Consent

This subsection addresses using concealed equipment to secretly record another person's body where they have a reasonable expectation of privacy. This covers situations such as hidden cameras in bathrooms, locker rooms, changing areas, or upskirt recordings.

Penalty: Class B misdemeanor (up to 90 days in jail) for a first offense, escalating to a Class A misdemeanor (up to 1 year in jail) if the recording is distributed or transmitted to another person, posted online in a format accessible to others, or the offender has a prior conviction under § 5-16-101 or § 5-16-102.

Areas Where People Have a Reasonable Expectation of Privacy

The statute focuses on locations where a reasonable person would expect privacy in their physical person. These include:

• Bathrooms and restrooms
• Locker rooms and changing areas
• Bedrooms and private living quarters
• Dressing rooms in retail stores
• Medical examination rooms
• Any enclosed space where a person is undressing or engaged in private activity

Recording in any of these areas without the subject's consent violates Ark. Code 5-16-101 regardless of whether the recorder owns the property. One caveat: subsection (d) of the statute exempts "security monitoring operated by or at the direction of" a residence occupant or a business owner/administrator from the entire section, and Arkansas courts have not clarified how that exemption interacts with recording in private areas like bathrooms -- it is not a safe assumption that owning the property or calling equipment "security monitoring" authorizes recording in these spaces.

Audio Captured During Video Recording

A critical point that many people overlook is that video recording with audio implicates two separate areas of law in Arkansas.

The One-Party Consent Rule for Audio

When your video camera also captures audio, the audio portion of the recording is governed by Ark. Code 5-60-120. This means:

• If you are part of the conversation being recorded, you can capture both video and audio legally.
• If you are recording video of a scene where you are not participating in any conversation, but your camera picks up other people's private conversations, the audio capture could violate the wiretapping statute.
• In public places with no expectation of privacy, ambient audio capture is generally not a concern.

Practical Tips

If you are recording video in a setting where you might inadvertently capture private conversations you are not part of, consider:

• Turning off audio recording and capturing video only
• Maintaining distance from private conversations
• Being mindful that directional microphones can capture audio from a distance

Security Cameras and Surveillance Systems

Residential Security Cameras

Arkansas homeowners can install video security cameras on their own property. Cameras can be pointed at your own yard, driveway, front door, and other areas of your property. You should avoid pointing cameras directly into a neighbor's windows or private areas, as this could be considered an invasion of privacy.

For comprehensive information on security camera placement rules, see our page on Arkansas security camera laws.

Business Security Cameras

Businesses in Arkansas routinely use video surveillance for security purposes. Cameras in retail areas, lobbies, parking lots, and other common areas are standard practice. The same restrictions apply regarding private areas: cameras may never be placed in bathrooms, changing rooms, or other areas where employees or customers have a reasonable expectation of privacy.

Signage and Notice

Arkansas does not have a specific statute requiring businesses to post signs notifying people of video surveillance. However, posting visible notices about camera presence is a widely recommended practice. It serves as a deterrent, helps establish that recorded individuals had reduced privacy expectations, and demonstrates good faith.

Recording with Drones in Arkansas

Drones equipped with cameras are subject to both federal aviation regulations and Arkansas state law.

Federal Regulations

The Federal Aviation Administration (FAA) regulates all drone operations in the United States. Commercial drone operators must obtain a Remote Pilot Certificate under 14 CFR Part 107. Recreational operators must follow the rules established under the Exception for Limited Recreational Operations.

Arkansas Drone Laws

Arkansas has enacted specific drone legislation, but it is narrower than a general privacy statute. Ark. Code Ann. § 5-60-103 (unlawful use of an unmanned aircraft system) makes it unlawful to knowingly use a drone to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record critical infrastructure, such as power plants, refineries, chemical facilities, communication towers, and correctional facilities, without the prior written consent of the owner. It does not create a general ban on using a drone to photograph an individual or an ordinary private residence.

Exceptions apply for a property owner surveying their own land, third parties retained by the property owner for that purpose, insurance companies investigating damage or underwriting risk, authorized federal or state government operations, and law enforcement or emergency management agencies conducting incident response. A first offense is a Class B misdemeanor; a subsequent offense is a Class A misdemeanor.

Flying a drone over an ordinary residential backyard is not itself a § 5-60-103 violation, because the statute does not reach non-critical-infrastructure property. That kind of drone surveillance is more likely to be addressed, if at all, through the general video voyeurism statute at § 5-16-101 (where the drone captures a private area with a reasonable expectation of privacy) or a trespass or nuisance claim, not through § 5-60-103.

Dashcams and Vehicle Cameras

Dashcams are legal in Arkansas for both personal and commercial vehicles. There is no state law prohibiting the use of dashboard-mounted cameras. Video captured by a dashcam on public roads is generally legal because there is no expectation of privacy on public roadways.

The audio component of dashcam recordings follows one-party consent rules. If you have passengers in your vehicle and the dashcam captures their conversations, your presence in the vehicle satisfies the one-party consent requirement.

For detailed information, see our page on Arkansas dashcam laws.

Using Video Recordings as Evidence

Admissibility in Arkansas Courts

Video recordings that are lawfully obtained are generally admissible as evidence in Arkansas courts. The same standards that apply to audio recordings also apply to video:

• Authentication: The proponent must demonstrate the recording is genuine and unaltered.
• Relevance: The recording must relate to a matter at issue in the case.
• Prejudice vs. probative value: The court weighs whether the recording's evidentiary value outweighs any risk of unfair prejudice.

Security Camera Footage

Security camera footage is routinely admitted as evidence in criminal and civil cases. Courts accept footage from surveillance systems when the recording can be authenticated and the system's reliability is established.

Social Media and Body Camera Footage

Video posted to social media platforms or captured by body cameras may also be admissible. The key requirement is proper authentication, which may include testimony from the person who recorded the video, metadata analysis, or chain-of-custody documentation.

Penalties Summary

Deepfake and NCII Law

Arkansas's first comprehensive deepfake statute, Ark. Code Ann. § 5-14-139 (HB 1529 / Act 827 of 2025, signed April 17, 2025), targets synthetic or manipulated intimate images. It includes a private civil right of action for actual damages and attorney fees -- unlike the criminal-only Chapter 60 framework.

The TAKE IT DOWN Act (Pub. L. No. 119-12, signed May 19, 2025) adds a federal overlay: platforms must remove NCII and AI deepfake intimate content within 48 hours of notice (effective May 19, 2026).

Explore More Arkansas Recording Law Topics

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

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