Legal Ramifications That May Arise For Citizens Who Film WA Police Activity In Public

0:00 Intro
0:08 Questions Overview
0:26 Questions on Seizure of Recording Devices
0:36 Comments on Seizure of Recording Devices
0:54 Comments on Seizure of Recording Devices
1:22 1a) 1b) 1c) Seizure of Recording Devices
1:40 Questions on s. 137(3)(b) of Criminal Investigation Act 2006
1:50 2a) 2b) 2c) Filming of Arrested Persons
2:08 2d) 2e) Filming of Arrested Persons
2:26 Comments on Filming of Arrested Persons
2:44 2f) Filming of Arrested Persons
3:02 Questions on Legal and Ethical Aspects
3:12 Comments on Legal and Ethical Aspects
3:22 3a) 3b) Legal and Ethical Aspects
3:40 Comments on Legal and Ethical Aspects
3:58 Comments on Legal and Ethical Aspects
4:24 Thank You
4:34 Outro

The following are questions that I have posed to the WA Police Media Unit, various police officers (both on and off-duty), legal experts and elected representatives as part of my fact-finding mission on the topic of:

"Legal ramifications that may arise for citizens who film WA Police activity in public."

Questions regarding police seizing mobile phones, cameras and other equipment from members of the public for evidentiary purposes due to filming an incident.

1a) In what circumstances would police be able to seize mobile phones, cameras and other equipment from members of the public for evidentiary purposes due to filming an incident?

1b) Why would police need to seize an entire camera instead of a data card in which the footage is recorded to?

1c) If the member of the public is cooperative why would police need to seize any equipment at all and instead direct the member of the public to submit the footage through e-mail or through the evidence portal?

Questions regarding s. 137(3)(b) of the Criminal Investigation Act 2006 which states "The arrested person is entitled — to a reasonable degree of privacy from the mass media."

2a) Does this legislation actually forbid the filming of police when they are engaged in the arrest of a person?

2b) If arrests of persons are forbidden to be filmed, or are limited, how does this impact upon police transparency, scrutiny and accountability during arrests?

2c) Is the onus on the police and "mass media" to adhere to this legislation or does this also extend to members of the public?

2d) Could an arrest be made and/or charges be laid on a member of the public for filming an arrest if it was determined that the arrested person had not been entitled to a reasonable degree of privacy?

2e) According to the abovementioned legislation, what actually is the definition of "mass media"? Does that apply to actual "mass media" (i.e. commercial news stations with a large audience) or anyone who has a mobile phone?

2f) How strictly is this legislation actually adhered to and why does it seem to be selectively enforced?

Questions regarding the legal and ethical aspects of members of the public filming emergency incidents, crime scenes, forensic scenes and 'graphic' content.

3a) Are there any laws that exist that forbid members of the public from taking photos or videos of such sensitive incidents that occur in public?

3b) If a member of the public takes photos or videos of such a sensitive incident that occurs in public, under what circumstances would it be deemed that the member of the public has actually broken the law?

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