Is it legal to film police? (filming police) You have a legal right to film in public. Therefore, you can film or take photos of police when they are performing their duties if they are in public.
If the police suspect your mobile phone holds evidence to a crime, they can apply to a magistrate for an order pursuant to section 3LA of the Crimes Act 1914 (Cth). The order will stipulate that you must disclose the mobile phones password. Any failure to comply with the order will have consequences.
It is important to know that you are not legally obligated to answer any questions asked by a police officer, aside from their request to identify you. But it is recommended that you are always polite and cooperative when dealing with police officers, which includes answering some basic questions.
The NSW Police Media Policy acknowledges that members of the public “have the right to take photographs of or film police officers, and incidents involving police officers, which are observable from a public space, or from a privately owned place with the consent of the owner/occupier”.
In Queensland, there is no specific law that states that you cannot film the police while they are carrying out their duties in public. This means that you have the right to record them, regardless of whether they are dealing with you or someone else.
They can ask you to give your name and address, especially if they reasonably suspect you've broken the law. The officer must warn you that it's an offence not to give them your correct name and address. The police have wider powers to identify you if they reasonably suspect that you're part of a criminal organisation.
You can be pulled over if the police reasonably suspect that you are committing a criminal offence, if they are going to perform a roadside random breath test, or if you have breached a traffic offence. A police officer also has the power to give reasonable directions for the safe and efficient regulation of traffic.
There is currently no law in Australia that prohibits you from filming in a public place without asking for permission. This extends to recording buildings, sites, and even people – but not artistic works. This means that you should be careful not to film something that has copyright protection.
It is illegal to record someone without consent in New South Wales unless one of the lawful exceptions to this apply under the Surveillance Devices Act. You can secretly record a private conversation if the secret recording is 'reasonably necessary' to protect your 'lawful interests'.
Under Australian law, you are generally entitled to film in a public space without anyone's consent. But there are situations where you will need permission, and the purpose for which you are filming will guide you as to whether you need a permit, and from whom.
The penalty for not giving your ID to police is a fine of $220. This contained in section 12 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The same penalty applies if you provide police with a false name or address.
Self defence: If you are unlawfully assaulted you can use such force that is reasonably necessary to prevent the assault from happening or continuing. You can use this defence even where the assault was provoked, but only in limited circumstances.
It is an offence to refuse to comply with a lawful strip search. Police may use reasonable force to strip search you.
Section 30 of LEPRA allows an officer to examine anything in the possession of someone that the law permits them to search. For example, they can look through your bag, wallet or your phone.
What is the Penalty If I Refuse to Give Police My Password? It is an offence for a person subject to a digital evidence access order to refuse or fail to provide their phone or computer password, without a reasonable excuse, or to provide false or misleading information, whilst purporting to comply with the order.
How long can police hold evidence without charges in Australia? The law has no provisions that set a deadline for giving the property back. Instead, it states that police can keep items for as long as reasonably necessary. In practice, police officers must retain seized property within a short delay.
In NSW, it is against the law to record a private conversation without consent. Section 7 of the Surveillance Devices Act 2007 (NSW) sets out that if a person knowingly installs, maintains or uses a listening device to overhear, record, monitor, or listen to a private conversation, they are guilty of an offence.
“Strictly speaking, it's not illegal to leak your colleague's text messages,” Rogers explains. “However, the leaker could be in breach of their confidentiality obligations to their employer and their conduct would likely amount to serious misconduct.”
In general, it is an offence in Victoria to record a private conversation without the consent of each party to the conversation. However, the Family Court will allow private recordings to be admitted as evidence in some circumstances. The legal position on this issue is typically “it depends” or “yes, and no”.
In short, if you are not a party to a conversation, or you do not have the consent of a party to that conversation, you cannot record or publish that conversation.
If someone takes photos or videos made by you and shares them without your permission, this could be a breach of your privacy or infringement of your copyright. In these cases, then it's up to you to take legal action.
New South Wales
Under s 8 of the Surveillance Devices Act 2007 (NSW), the use of visual recording devices such as video cameras is only prohibited where trespass on private premises is involved.
If you swear at a cop, then, you could receive an on-the-spot fine, or even be arrested and taken to a police station. If that happens, you may end up in court, and – worst case scenario – end up imprisoned for as long as six months.
In general, you have the right to silence. This means that you do not have to answer any questions the police ask you. It can be a good idea to use this right, because what you say to the police, no matter when or where, could be used against you.