Recording not allowed

Question

During a parish meeting, a resident attempted to video it. The chairman stated that if the resident was going to record the meeting they would postpone the meeting and have it another time. The chairman said the resident had to speak to the clerk about it. Because of this the meeting wasn't recorded.

Does a resident have to get permission to record? Was the chairman right to prevent the recording? The procedures say that the meeting can be recorded. It says nothing about asking for permission.

Answer 1

Absolutely no to trying to prevent the recording. Making video or audio recordings, has been a legislative entitlement for citizens since 2014. It is courteous and considerate to let the PC know of the intention to record in advance but not mandatory. The chairman should be reported to the monitoring officer of the principal authority for this. It also raises questions about the competency of the Clerk who should have advised the chair to refrain from his threat.  See . Openness of Local Government bodies regulations 2014.

Comments

So Can Councillors: see the part reply from the ICO from Oct last year, I have redacted the name:
'Please note that we have taken into account your representations in relation to the fact that Cllr **** had attended both meetings in his capacity as a member of the Council. However as an individual Cllr **** can exercise his rights under the Public Meetings (Admission to Meetings) Act 1960 as would any attendee of these meetings.

Having said this, it must be noted that the ICO is concerned about the current PC policy not to record at these meetings. We have therefore written to the PC urging that the current policy be amended to avoid further future situations of this nature from reoccurring.'

Answer 2

I agree with GraemeR's response but would also add that members of the public have the right not to be filmed and so if the meeting is being videoed, there has to be a seating area which is away from where the camera is filming.  Councillors cannot all make a dash for that area though - they have to accept being filmed and why not?  Nothing sinister going on is there...? :-)

Comments

Below is taken from the 140812_Openness_Guide.pdf page 7
https://www.gov.uk/government/news/press-freedom-boosted-by-new-right-to-report

'Are there other limits that I should be aware of?
The council or local government body should consider adopting a policy on the filming of members of the public, and ensure that they protect children, the vulnerable and other members of the public who actively object to being filmed, without undermining the broader transparency of the meeting.'

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I have an issue with this statement and would like Nalac clarification. I was  a Professional photographer and studied the legality of making Video and images. My understanding of the law is as  follows there is NO law to prevent taking such in public places. ie  if a meeting is open to the public it is a "Public Place" and there is no restriction of any kind, that prevents recording of images or  video or  audio. Members of the public CAN not object to being recorded or their  audio as well as still images. Please could you give definitive assessment and the national legislation that covers the need to NOT record.

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The comment I made in May is in line with National guidance and County advice and there may be residents attending that need to be protected.