Increasingly it seems that every time we turn on the news, there is some amateur video of someone filming their interactions with police. These videos have often shown police behaving badly and have assisted in citizen’s defending themselves in Court.

In a time where everyone has immediate access to a phone that is capable of recording, there is still plenty of misinformation around so here we seek to clarify how the law views filming police.

Can you film police in NSW?

In short, you are allowed to film police who are performing their duties. Keep in mind that this does come with some important exceptions.

Filming police who are effecting an arrest, intending on stopping and searching you or your friends, or other incident response in a public place, may help you out of a tough legal situation if things go wrong. This article isn’t suggesting that police will actively try to do the wrong thing or be untruthful, but it is important that you protect your legal interests when interacting with police.

If you are able to get good photos or a video of the entire uninterrupted interaction, this may support any defence case that arises or even support proceedings against the police if necessary and appropriate.

You are not only allowed to record the interaction but also you can record the conversation you have with police in a public place; however, we recommend letting them know you are recording to avoid any issues. Note that this does not apply to recording phone conversations with the police, which is generally against the law.

What if police tell me to stop filming or try to take my phone?

Generally speaking, police cannot interfere with the recording of their actions. Police cannot tell you to stop filming, confiscate the phone (or camera etc) for the purpose of deleting images or recordings, or order a person to delete images or recordings.

If a police officer tries to, or does, take your device off you, it could amount to an offence by the police officer and you should thoroughly document the interaction.

It is not unusual for police to direct people to stop filming, however, you should indicate to police that you are entitled to film police carrying out their duties in a public place. Don’t ever threaten the police or become aggressive toward them.

Police might also issue you with a ‘move along order’ if you are not part of the interaction you are filming. If you disobey a move along order, you can be issued with a $550 on-the-spot fine.

What if police do take my phone?

As discussed above, this may constitute an assault or trespass against your person that could entitle you to bring proceedings against police; however, there are legitimate reasons the police could use to justify taking your phone, such as if you recorded evidence of a serious crime, including assault of police officers. If this occurs, the police must give you a receipt for taking your property and they will be liable for any damage to your property.

Do I have to unlock my phone for police?

At the moment, the law is unclear. There is currently no requirement for you to unlock your phone as part of a police investigation; however, you could also be considered to be refusing to cooperate with police, or hindering an investigation, which may also lead to further charges. For more information on our Criminal Law Services click here.

So what should I do?

If you find yourself in trouble with the police, the best thing you can do is to contact the team at Mitchell and Co Lawyers as soon as you are able so we can give you the advice and representation that you need.