What is CLOG ¤ 2011?
The Nimbin MardiGrass 2011 Civil Liberties Observer Group (CLOG2010)
is a Prudential Observation group being formed according to
best practice criteria (consolidated in association with the
NSW Council of Civil Liberties and the Sydney PoliceWatch Group).
Why an Observer Group?
During the course of last years MardiGrass there were several
unfortunate incidents that involved the police. In response
to these incidents the Nimbin Hemp Embassy, the LEXUS Union
of Students of Southern Cross University, the Nimbin Justice
Action Group and the MardiGrass Organising Committee have joined
together to organise a Civil Liberties Observer Group (CLOG).
Prudential Observation means:
1. an impartial and informed group,
2. in liaison with all interested parties,
3. observing and documenting police activity,
4. in a rigorous and systematic manner.
Prudential observation assists police in maintaining high levels
of integrity and professionalism.
Three Basic Principles of prudential observation:
1. all violence is counter-productive,
2. informed observers make better police,
3. better police make fewer arrests.
Three Basic Practices of prudential observation:
1. Liaise: with all interested parties.
2. Observe: impartially.
3. Document: competently and comprehensively.
CLOG 2011 will be observing and documenting police conduct
during course of the event.
Byron Echo on cameras
Filming police in public is your right
Byron Police are warning citizens not to film their activities
and threatening them with action for interfering in their work,
despite such filming being entirely legal.
The Echo became aware of the warnings not to film when your
correspondent witnessed an altercation between police and a
group of local youths in the early hours of a recent weekend.
Two officers were overheard telling the group they could not
record police on their camera phones unless they had the officers’
permission.
When your correspondent indicated this was likely incorrect,
his details were recorded and he was told he could face action
for ‘interfering in a police investigation.’
However, according to the NSW Police Force’s own media
unit, ‘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 [or] occupier.’
NSW Council of Civil Liberties president Cameron Murphy says
police intimidation of amateur and even professional photographers
is a serious and growing problem.
‘Police fear being filmed when they are acting beyond
their powers or being unreasonable or aggressive,’ he
told The Echo.
Beyond police’s power
‘We’ve had a number of incidents where police have
seized cameras from journalists… it’s beyond the
police’s power to do that, but we’ve had a number
of incidents where this has been reported to us.’
The youths told The Echo they were filming the police because
officers had allegedly used heavy-handed tactics and they wished
to discourage any further incident.
It’s an approach Murphy would like to encourage.
‘I’d hope that citizens that take pictures when
they see police acting in a manner that’s unbecoming of
a police officer,’ Murphy said.
‘They have to be as accountable as anyone else.’
However, police may be able to use other powers against would-be
citizen journalists.
‘Even if the police give you an unlawful direction, if
the officer believes it’s lawful, they can arrest you
for failing to follow a lawful direction,’ Murphy said.
The good news is courts tend to take a dim view of such charges.
A Tweed/Byron Local Area Command spokesperson said they were
not aware of any of its officers advising members of the public
that it is illegal to film police.
If any member of the public has concerns or a complaint about
officer conduct they should contact the NSW Police Force Customer
Assistance Unit on 1800 622 571 between 8am and 4pm.
Source: Byron Echo http://www.echo.net.au/newsitem/filming-police-public-your-right
