Recording Law for Streamers & Creators in Maine

In Maine, you can record any conversation you are part of without telling the other people. This is called one-party consent. The law allows you to intercept (record) a wire or oral communication if you are a party to it, or if someone you’re talking to has given you permission to record. Maine’s wiretap statute (15 M.R.S. §§709–712) defines an "intercept" as listening to or recording a communication without the sender’s or receiver’s consent, but then excludes from liability: (A) the sender or receiver of the communication, (B) a person within normal hearing range, or (C) someone given prior authority by the sender or receiver. So if you’re in the conversation, you’re covered. This rule applies whether the conversation is in person or over the phone. The statute is 15 M.R.S. §709 (Definitions), §710 (Offenses), §711 (Civil remedy), and §712 (Exceptions).

Recording in public places like streets, sidewalks, or parks is generally unrestricted. Maine’s law only protects conversations where the speaker has a "justified expectation" that the communication won’t be intercepted. Under 15 M.R.S. §709(5), an "oral communication" is only protected if it is "uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation." Statements made in public lack that justified expectation, so they’re not protected under the wiretap statute. The same goes for silent video: a public place isn’t a "private place" under Maine’s privacy law (17-A M.R.S. §511), so recording video or images there doesn’t require consent. This means you can livestream or record interactions in public without asking bystanders first.

Recording inside a home or other private space depends on the specific room. Maine’s privacy law (17-A M.R.S. §511) makes it illegal to use a device to observe, photograph, or record images of someone in a "private place" without their consent. A "private place" is defined as "a place where one may reasonably expect to be safe from surveillance, including, but not limited to, changing or dressing rooms, bathrooms and similar places." Common areas like kitchens or living rooms are not automatically private places under this definition, so the analysis turns on whether the specific room qualifies as a private place. For audio, Maine’s wiretap statute (15 M.R.S. §709(5)) also only protects conversations where the speaker has a justified expectation of non-interception. If you’re recording in a bedroom or bathroom, you’re likely in a private place and need consent. If you’re in a kitchen or living room, it’s less clear, but the safer approach is to assume it’s private unless you’re certain it’s a shared, open area.

Federal courts covering Maine protect your right to record on-duty police officers performing their duties in public. The First Circuit Court of Appeals ruled in Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011) that openly recording police in a public park is protected by the First Amendment. Later, in Project Veritas Action Fund v. Rollins, 982 F.3d 813 (1st Cir. 2020), the court extended this protection to covert recording of on-duty police in public spaces. Maine’s one-party consent rule also allows you to record conversations you’re part of, including with police. No Maine statute prohibits recording on-duty police in public, so whether you’re livestreaming an interaction or recording quietly, you’re protected as long as you’re in a public space.

Silent video (no audio) isn’t restricted by Maine’s wiretap statute because a device that merely captures images does not "intercept" a communication under 15 M.R.S. §709(4). But silent video can still violate privacy laws if it’s taken in a "private place" without consent. Maine’s privacy law (17-A M.R.S. §511) makes it illegal to use a device to record images of someone in a private place where they expect privacy, like a bathroom or bedroom. If you’re recording in a public place, silent video is unrestricted. For audio, Maine’s one-party consent rule applies if you’re part of the conversation. The applicable law turns on whether the device captures a communication (audio) or images (video), each with its own test.

Imagine you’re livestreaming in a city park, talking to a friend about your weekend plans. You’re in a public place, so you can record the conversation without asking others nearby first. Maine’s law doesn’t protect conversations made in public because there’s no justified expectation that such communication is not subject to interception under 15 M.R.S. §709(5). Now imagine you’re at a friend’s house, recording in their bathroom while getting ready for the stream. The bathroom is a "private place" under Maine’s privacy law (17-A M.R.S. §511(2)), which defines a private place as "a place where one may reasonably expect to be safe from surveillance, including, but not limited to, changing or dressing rooms, bathrooms and similar places." So recording there without consent is illegal. Even if you’re part of the conversation, the law treats the location as private, so you’d need permission to record.