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The question of whether citizens are allowed to film police officers during an intervention (and disseminate this footage via social media) has been coming up more and more in the public debate recently. For example, thanks to filming police interventions, citizens have several cases<\/em> of excessive police brutality brought to light. It can be argued that such film footage serves a social interest and contributes to a broader perspective. Admittedly, one should not lose sight of the fact that police officers also enjoy the right to privacy. Ultimately, it will be up to the judge on the merits to weigh up the citizen's right to social control and the police officer's right to privacy.<\/p>\n \u00a0<\/strong><\/p>\n Before discussing when one may or may not film the police, a word about the monopoly on violence is first required.<\/p>\n Police officers have a monopoly on the use of force. That is, only the police may use force to perform their duties. But this does not mean that the use of force is always legal or lawful. On the contrary, the monopoly on force is subject to rules.<\/p>\n International, European and national rules define the rights and duties of police officers. These specify the conditions that must be met for a police officer to use force. In Belgium, these conditions were included in the 1992 Law on Police Service. Thus, a police officer may use force as long as it is legitimate, proportionate and necessary.<\/p>\n However, it can be noted that not all police officers always take these rules to heart. In recent years, interventions by Belgian police forces have resulted in several fatalities. As a result, Belgium has already been condemned several times by the ECHR for excessive police violence.<\/p>\n This makes it not illogical that citizens are more likely to pull out their phones to film an intervention as evidence of possible excessive police brutality.<\/p>\n \u00a0<\/strong><\/p>\n There is currently no legal prohibition against filming the police during an intervention, but one must meet some conditions as a citizen so that filming is legitimate.<\/p>\n As a citizen, you have to have a legal basis<\/strong> have for making such film recordings. For example, filming an intervention involving excessive police brutality, or involving racism or discrimination, is permitted as it informs society of this and serves a social debate.<\/p>\n In addition, while filming, you are allowed the police do not interfere<\/strong> in its work. The right to film police may be restricted when it is necessary for the maintenance of public order or the safety of persons.<\/p>\n You need the police officers communicate<\/strong> that you are filming and you may share the footage (on the Internet) only if the police officers unrecognizable<\/strong> have been made (blur) or if they have given permission to do so.<\/p>\n Journalists also have the right to film the police, and unlike \"ordinary\" citizens, this is allowed at all times and without any conditions, since journalists are an exception.<\/p>\n Filming a trivial check where the officers are clearly in the picture, and there is no legal basis, could possibly not be accepted by a judge on the merits. In doing so, a judge might give more weight in his assessment to the officers' right to privacy than the citizen's right to free speech.<\/p>\n A court decision to the contrary could be made in cases of excessive violence or racist statements, as already explained above.<\/p>\n \u00a0<\/strong><\/p>\n Recently, the 'Control body on police information'<\/em> Opinion concerning citizen filming of police interventions. This opinion calls for a legal framework that regulates the right to film police officers during an intervention.<\/p>\n However, whether such a framework would ever be in line with freedom of expression remains to be seen. After all, the ECtHR states that a balance must be sought between the police officer's right to respect for his personal data and the citizen's freedom of expression and, as the legal doctrine states, this balance must be assessed on a case-by-case basis and not<\/em> with a legal provision that would restrict the right to film in a general way.<\/p>\n Sources:<\/p>\n https:\/\/www.controleorgaan.be\/files\/DD200025_Advies_Ambtshalve_N_GET_00045724.pdf<\/a><\/p>\n https:\/\/policewatch.be\/<\/a><\/p>\n https:\/\/policewatch.be\/files\/brochure_de_politie_filmen.pdf<\/a><\/p>\nMonopoly on violence<\/strong><\/h3>\n
No legal prohibition, but conditions<\/strong><\/h3>\n
Need legislative framework?<\/strong><\/h3>\n
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