The Legality of Public Photography & Videography

To Whom It May Concern:

I am an interested citizen observer documenting the incident. I have no ill-will or nefarious intent and I have no intention to impede the duties and activities of police and emergency personnel.

I have express permission from the Manager of the WA Police Media Unit to take photos and videos in public and this includes police and emergency incidents.

The activity that I am engaging in is completely lawful. The law does not forbid citizens taking photos and videos in public from publicly accessible areas and this includes police and emergency incidents. A citizen has the same right as any media outlet.

I have been advised by Inspector Geoff DeSanges, Manager of the WA Police Media Unit, to respond to any police officer wishing to stop my lawful activity by asking them to take advice from the WA Police Media Unit or a senior officer.

WA Police Media Unit: Phone: 9222 1011 | E-mail: [email protected]

On Wednesday 17th March 2021 I sent a detailed enquiry to the WA Police Media Unit titled “Re: WA Police policy towards citizens taking photos and videos in public”. Inspector Geoff DeSanges, Manager of the WA Police Media Unit, a police officer with ~35 years experience, contacted me in response to my enquiry. In a detailed conversation that I had with him on Friday 9th April 2021 he confirms that the following information is correct:
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Generally speaking, if a person takes photographs or videos of Police Officers, operations or incidents from a public space, Police do not have the power to:

• prevent the person from taking photographs or filming
• confiscate photographic or filming equipment
• delete images or recordings, or
• request or order a person to delete images or recordings.

If Police Officers try to confiscate equipment or interfere with members of the public to delete images or recordings, the officers may be liable for prosecution for assault or trespass to the person concerned.

The above information is quoted from the NSW Police media policy:
Section 10.3 Unofficial Recordings – Members of the Public (page 42)

WA Police have an equivalent media policy.
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“Everywhere in Australia, the law says you can freely record in public, even if the police tell you to stop” and “the police cannot take your phone just because they do not like you recording” and “there must be a lawful reason for them to take your phone”. Police are able to seize items to preserve evidence in order to prove an offence – however these rules are not designed to be used by police to stop a person recording simply because they don’t like it.

The above information is quoted from The National Justice Project’s Copwatch website within the section Legal Rights (for Professionals): https://www.copwatch.org.au/your-righ...

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