Frank’s earlier post Holy ground or Hollywood? – filming in church and Re St Mary the Virgin Morpeth reviewed a recent judgment in which the petitioners sought a faculty to permit the filming within the church of a sequel to two “horror” films: 28 Days and 28 Weeks After. Independently, we felt that this case made a refreshing change from the standard consistory court fare of “pews, loos and kitchens”, and in this further post, David considers issues of guidance on filming in churches.

In the judgment Re St Mary the Virgin Morpeth [2024] ECC New 2, Wood Ch observes that not all dioceses have issued specific guidance on filming, and:

“[15]. …whilst no formal Diocesan guidance exists [in the Newcastle Diocese] (and until this application it would appear that none had been necessary), in practice the Diocese has, through the Archdeacons, operated very much in accordance with the process set out in the London guidance [v supra], with the Archdeacons granting permission as appropriate (very much in the manner in which they do in relation to minor works to churches) and referring the chancellor to any case of difficulty, this, seemingly, being the first on this subject matter. Having had this experience, it seems to me sensible that, moving forwards, the Diocese should formalise its process along similar lines to London”.

Nevertheless, several dioceses and major churches have produced guidance in this area, and links to some of these are reproduced below. Unsurprisingly, these cover much of the same ground, and address issues of legislation as well as the more practical aspects of filming in churches. Rather than producing a comprehensive document on guidance in this area, this post summarizes some of the important issues raised in published Diocesan and other guidance.

Benefits and problems

There are a number of circumstances in which filming might be requested by individuals/organizations external to the church, or sought specifically by the church itself for income generation/outreach. A cautionary summary is provided in the Guidance issued by the Diocese of Chelmsford:

“Churches and churchyards are popular locations for filming. Careful planning is essential…Many requests will come out of the blue and at short notice. Incumbents, PCCs and churchwardens should not feel pressured into agreeing to the filming without having given careful thought to the necessary permission required and the practical considerations”,

and. although made in the context of Regulatory Reform (Fire Precautions) Order, the guidance from Diocese of London warns: “[t]he last thing you want is the parish to be sued, the second last thing is to have to sue someone else“. Similarly, Guidance from the Diocese of Guildford also urges caution: “there are potential pitfalls to avoid, including the risk of inappropriate content, unfavourable publicity, damage to the fabric and furnishings, and other risks such as copyright violation“.

Against these negative outcomes, there are a number of potentially benefits. Hosting a film shoot by a movie or TV company can be beneficial to a church, bringing the church into the public eye and encouraging the public to visit. It can also be a useful source of additional income. Nevertheless, churches must be equipped to respond to “requests that come out of the blue and at short notice”. An “amateur” response to a well-resourced professional organization would be unwise.

Legislation

There are a number of basics underpinning the consideration of any request for filming within a church, whether the request is made internally or by an external individual of the organization. Fundamental are the legislative requirements of statutory and ecclesiastical legislation and the practicalities of the timescales involved. Wood Ch recommended that the Diocese of Newcastle should formalize the processes involved [15], to which we would add that guidance should also be drawn up for use by production companies themselves, since it is unlikely that they will be aware of the restrictions imposed by the faculty jurisdiction and other Church legislation. 

From the point of view of an external production company, the judgment Re St Mary the Virgin Morpeth [2024] ECC New 2 itself provides an example of the Church’s approach to satisfying the legal and other requirements. However, at 16 pages in length, it would elicit the response “tl;dr” by most non-lawyers, and the Afterword by Wood Ch or Frank’s summary of the judgment might be a better starting point.

Wood Ch prefaced his judgment:

“[6]. The application is not one that is usually to be found in the regular diet of work seen by chancellors and their deputies. However, the court takes the view that the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (“the Measure”) applies and the procedure to be followed is that provided for by the Faculty Jurisdiction Rules 2015 (“the Rules”)”,

and stressed the importance of:

• Canon F 15 Of churches not to be profaned: The churchwardens and their assistants shall not suffer the church or chapel to be profaned by any meeting therein for temporal objects inconsistent with the sanctity of the place, nor the bells to be rung at any time contrary to the direction of the minister.
• Canon F 16 Of plays, concerts, and exhibitions of films and pictures in churches When any church or chapel is to be used for a play, concert, or exhibition of films or pictures, the minister shall take care that the words, music, and pictures are such as befit the House of God, are consonant with sound doctrine, and make for the edifying of the people.

Where the filming involves a church service, Canon B 20 Of the musicians and music of the Church will be applicable. Filming of a church from outside the church curtilage i.e. from the roadside, may require permission from the local authority, but none from the church authorities; however, it is likely that permission will be required for non-commercial filming in the church or churchyard e.g. filming for TV news reporting, an educational project. Particular scrutiny will be necessary for commercial filming in the church or churchyard e.g. the church or churchyard is being used as a set to film a TV programme, film, advert or promotional film.

Those appearing in film or photography in a church will need to have given consent, as religion is a protected feature under Data Protection and UK/EU GDPR. The London Guidance provides links to further information about filming consent and GDPR.

The Church of England has issued guidance on Filming and photography in churches; this is focussed on taking photos and videos during religious activities such as church services, Eucharist, or Christenings, etc. It does not relate to non-religious activities such as fetes or parties etc, for which the National Safeguarding Team has created Safer Environments and Activities guidance for non-religious activities involving children and vulnerable adults.

Other relevant legislation includes the Regulatory Reform (Fire Precautions) Order which requires both the church and the film company to have a ‘Responsible Person’ and must carry out their own fire risk assessment.

Practical issues

The Diocesan advice below contains many of the practical issues which may be encountered; the following non-exhaustive examples have been taken from the advice by the Diocese of Guildford:

• The importance of insisting on a contract is stressed in the guidance, and in this respect it is important that the contracting parties are clearly named and even spelt correctly, as a simple error may even void the agreement. The filming company is likely to be an ad hoc project subsidiary, not any broadcaster or film studio. The contracting party for the Church should be the PCC.
• Copyright issues must be clearly defined, and the church should avoid handing over the right to images of church property.  Where a substantial amount of filming is envisaged,  it would be prudent to seek the advice of the Diocesan Registrar in relation to the contract.
• The Church must insist that the PCC is indemnified and insured against damage or accident. The church insurance policy may not cover such matters. Ascertain whether the permanent film or TV company will underwrite any risk. If not, either make sure you are covered by the Church’s own insurance, or else write into the contract that the film company take on its own special insurance for the job. Inform the Church’s insurers anyway.
• A synopsis of the story-line in any drama or sitcom should be requested as this will provide an overview of the finished programme, and give an indication of whether it is beneficial or harmful to the Church.

Church in Wales

Whereas Church of England advice on filming is provided by dioceses, the Church in Wales has adopted a central approach (as it has with Churchyard Regulations) through the Representative Body, which handles numerous filming agreements each year and has knowledge of appropriate conditions and terms including fees. Accordingly, any film or TV company wishing to film in a church or churchyard should be advised to contact the Representative Body immediately so that terms for a location agreement, including a fee, can be agreed. Authority for filming is granted by the Representative Body, and its Property Committee has authorised the Property Department to sign an appropriate agreement with the company.

Links to Diocesan and other Guidance

Church of England

• Diocese of London guidance, Using your church as a film location. Also Photography permissions and consent.
• St Paul’s, London, Filming at St Paul’s.
• Diocese of Chelmsford,  Filming in churches and churchyards, (2023).
• Diocese of Guildford, Filming in churches, (August 2020).
• Diocese of Truro, Filming in churches and churchyards, (2021).
• Diocese of Southwark, Photography and filming in churches
• Diocese of Oxford, Filming in churches, (2024)

Church in Wales

• Church in Wales, Filming in Churches or Churchyards, (2019).

Other guidance

• How to Become an Extra in the UK, 18 April 2024.
• The Ultimate Guide to Extras in Film: Everything You Need to Know, (undated)