There is no legal basis for police to prohibit individuals from photographing or video police activity.
According to the police’s own laws (Standing Order 156), officers must not interfere with media representatives who are recording or photographing them. However, while it is obvious that this should encompass ordinary spectators, who have the same rights as professional journalists and frequently fulfill the same responsibilities, the Standing Order is quiet on the rights of non-professional journalists, or citizen journalists. While there is no legal basis to prevent anybody from photographing or video police activity, it is evident that this loophole in the legislation is ripe for exploitation.
In an April 24 email to metro police officers, Safety and Security Executive Director Richard Bosman stated that members of the public were perfectly within their rights to photograph or record video of officers conducting their responsibilities, as long as the officers were not hampered from doing so.
It is not prohibited for members of the public to photograph staff employees while they are performing their duties.
* It is not unlawful for staff personnel to be videotaped by members of the public while doing their duties.
* Staff employees must refrain from making similar comments to members of the public participating in these activities since their behavior is neither unlawful nor illegal,” Bosman stated.
Officers were to give a warning if they were hampered from carrying out their duties.
