2024-04-17: Are Members Of The Public Allowed To Film Police Activity In Western Australia?

On Wednesday 17th April 2024 at the Western Australia Police Force Annual Report Hearing before the Standing Committee on Estimates and Financial Operations, the Honourable Nick Goiran MLC asked a question on my behalf to the WA Police Force Commissioner Colin Blanch on the topic of "Legal ramifications that may arise for citizens who film WA Police activity in public".

I thank the Honourable Nick Goiran MLC for asking my question and assisting me in my fact-finding mission.

Links to the full hearing and the transcript of evidence are provided below.

From 1:03:47 to 1:06:14:
https://players.brightcove.net/6193427228001/default_default/index.html?videoId=6351069394112

Pages 18 to 19:
https://www.parliament.wa.gov.au/Parliament/commit.nsf/(Evidence+Lookup+by+Com+ID)/BA6383708D1A28EC48258B1700183600/$file/ef.ar23.240417.trb.001.sd.pdf

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Hon NICK GOIRAN: On page 38 of the annual report, there is reference to “citizens’ electronic evidence uploads”. As I understand it, WA Police regularly appeal to video footage from members of the public to upload through the Western Australian Police Force evidence submission portal to assist in your investigations. Can I add an inquiry from a constituent stating that, on the one hand, WA Police is regularly appealing for video footage from members of the public and, at other times, police officers attempt to stop such video footage from being recorded in the first place. This constituent claims that this messaging is consistent, to have the police on one hand saying please provide us with your video footage —

Hon STEPHEN DAWSON: Consistent or inconsistent?

Hon NICK GOIRAN: Inconsistent, sorry. In what circumstances, commissioner, is a police officer able to seize mobile phone cameras and other equipment from members of the public who are filming an incident?

Mr BLANCH: Can I address the first inconsistency first? Are you saying there are reports that police are asking people not to film?

Hon NICK GOIRAN: Yes. I think we have seen that. I imagine you would have seen that at times as well, where sometimes you see on social media that maybe there is a police officer who might say to a person, “Can you stop filming, please? I am asking you to stop filming.” I think this person is essentially saying, on the one hand, police are saying, “These kinds of things are helpful to us, please upload it through our portal”, and then you will have these other incidences where they say please desist.

[10.40 am]

Mr BLANCH: Firstly, I would say, if that is happening in Western Australia I think is generally that is a misinformed police officer if they believe someone cannot film in public or not film. Obviously, everyone has the right to film in public if they choose to. Thankfully, we have a wonderful community here in Western Australia and, by consent, most people hand over either their CCTV of a recording of an incident. We do not have any powers to go and seize, without a legal instrument, footage or a mobile phone of someone in the vicinity, so we would seek a legal instrument, search warrant or an order to produce or something like that.

Hon NICK GOIRAN: That answers that question.

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