When you go to Japan, it’s understandable that you might want to film videos to upload to social media or YouTube. However, you must be aware that Japan has much stronger social expectations of privacy and more restrictive privacy laws than many other countries. In general, it’s socially unacceptable and potentially illegal to point your camera at strangers and film them, especially if you upload the videos onto social media, TikTok, or YouTube. If you are a social media influencer, content creator, or YouTuber who wants to get some good shots of Japan for free, you should read the following advice on filming and photography laws and etiquette in Japan.
Fortunately, there are Japanese lawyers on YouTube who explain what’s legal and acceptable to film and what’s not. The following advice is extracted from the Japanese videos and translated into English for a global audience. Links to the videos are pasted at the end of this article.
Japanese law does not distinguish between film and photography. All the following advice can also be applied to photography.
Do you have to blur out all the faces of strangers in your videos?
You do not need to blur out the faces of strangers if your video is filmed in a public area and your camera doesn’t focus on any specific stranger. If a stranger is part of your footage of a larger general environment in a public space, you don’t need to blur him/her. However, if a stranger is the central element of your footage, it’s potentially an invasion of privacy. You can film the general environment, but you can’t film specific strangers without their permission.
What counts as “public areas” in Japan?
Please be aware that what you consider a public area might not actually be public. Examples of public areas include the streets, public parks, and locations in nature. Areas that seem public but are actually privately owned include trains, shops, restaurants, and malls. In Japan, “public transit” is not necessarily publicly owned. Shopping centers and supermarkets might seem public to some, but they are privately owned businesses. Restaurants and shops are also not public. Any area that is owned by a private entity is considered private.
Can I film in private areas like on trains or in shopping centers?
In privately owned areas that are open to the general public like trains, restaurants, and shops, filming is acceptable as long as your shots don’t include strangers and you aren’t disturbing others. If you decide to film, you should make sure that the camera is pointed closely and exactly at yourself or your friend. You are not allowed to film wide angle shots of the general environment without permission. It’s not acceptable that you film in a way that includes many strangers in your shots. If a stranger appears in your shot even after you’ve tried your best to avoid it, you need to blur out his or her face. Within privately owned areas, people have much stronger expectations of and rights to privacy.
What about sightseeing areas that are technically privately owned?
In general, sightseeing areas have very low expectations of privacy even if they are privately owned. If the area is for sightseeing, Japanese law generally does not treat it as having high expectations of privacy. You can film more liberally in sightseeing areas like it’s a public area, but you still need to following the rules of filming in public discussed above. However, please be aware that trains, restaurants, and shops are not sightseeing spots since they are used by non-tourists. Sightseeing spots only include places that are meant for tourism.
Can I film objects like food in restaurants or products in shops?
Unless the business specifically forbids it, you are generally allowed to film specific objects like food served to you in a restaurant or an item you want to buy in a shop. In a restaurant, you are allowed to film yourself and your friends eating the food you ordered as long as you try your best to avoid filming strangers.
Can I film the exterior of private businesses like restaurants and shops?
Yes, you are allowed to film the exterior of private businesses as seen from a public area. For example, if you are standing on a public street, you are allowed to film the external displays of shops and restaurants that are viewable from a public area. External displays viewable in public are considered public.
Do I have to blur out someone if the face is not shown?
In Japanese law, if the person is unidentifiable in a film, it cannot be a violation of privacy. If someone is wearing a mask or otherwise covering his or her face, you don’t need to add additional blurring. If someone’s face is not shown or only partially shown in a way that’s not identifiable, you don’t need to add additional blurring. “Unidentifiable” means not identifiable in a general sense, not completely unidentifiable even to those who know the person intimately. You don’t need to go overboard.
Can I invade someone’s privacy even if I film in public?
Even if you are filming in public, if your shot catches someone doing something that’s shameful, embarrassing, private, or might damage his/her reputation in any way, it can still be an invasion of privacy. Your film cannot negatively affect the person’s social reputation. If your film catches someone doing something that should not be shown to the public, you should blur out his or her face.
References (links to the lawyers’ videos)
https://youtu.be/fIDZKK0dALQ?si=bCVVszKLmAVMCoOU
https://youtu.be/iR2MzzeuYaw?si=sHoQmGpdoVVo5z7U
https://youtu.be/AOQDwQYtbAA?si=D4PqQqMy-jjFM4e-
Tired of learning about Japan through Western interpretations? Japan Media Review translates Japanese media to show you what Japan is really talking about.
Bluesky Social: @japan-media-review.bsky.social
YouTube: https://www.youtube.com/@JapanMediaReview
Exclusive content on Patreon: https://www.patreon.com/c/JapanMediaReview