Key Points
- When body cameras such as "GoPros", and/or microphones, are worn to gather material, anyone who might be recorded should normally be aware they are being used.
- When gathering material for News, Current Affairs and Factual programmes the use of body worn cameras and microphones may not be apparent, so ways of alerting those who may be recorded should be considered.
- If individuals are not aware they are being recorded by body worn cameras or microphones this amounts to secret recording.
- Secret recording must have an editorial and public interest justification which warrants the breach of privacy. Appropriate approval for secret recording must be obtained in advance.
- The Guidelines state that:
Any proposal to equip third parties with bodyworn cameras and microphones, where to do so might infringe the privacy of an individual or where the third party is entering private premises without permission, must be referred in advance to the Director of Editorial Policy and Standards.
(See Editorial Guidelines Section 7 Privacy: 7.4.24)
- Great care should be taken over the use of body camera material and microphones and other material recorded on unobtrusive devices and supplied by third parties. There may be issues of privacy, accuracy, anonymity, offence, or legal issues such as defamation, contempt of court or data protection.
Introduction
Small body cameras like "GoPros" are a valuable addition to the programme makers' tool kit. They enable the gathering of footage from places and in situations large cameras may not have access to. They are also very useful for providing additional angles and point of view perspectives. They can be particularly useful for programmes in all genres when worn by participants or presenters. Everyone taking part should be aware of the cameras and consent to their use. Most commonly the body worn camera is attached to the chest of the person wearing it. It can also be attached to head gear or worn as glasses. It captures action and events in the wearer's field of view.
However, material gathered by body worn cameras may breach people's privacy.
(See Editorial Guidelines Section 7 Privacy)
If they are being used and there is no opportunity to communicate their use, and there is no accompanying visible camera, an individual may not be aware that they are being filmed at all. Such filming would therefore be considered to be secret recording.
(See Editorial Guidelines Section 7 Privacy: Secret Recording 7.4.11 鈥� 7.4.29 and guidance: Secret Recording)
The following Guidance applies equally to other unobtrusive devices used for recording such as microphones and mobile phones.
Body Worn Cameras and Microphones Used By Production Teams
When making content that involves wearing body cameras it is important that those being filmed are made aware of it so that they can give their consent.
(See Editorial Guidelines Section 6 Fairness: Contributors and Informed Consent 6.4.1- 6.4.12)
This can be achieved by putting up notices in the area or telling anyone present before filming commences that body cameras are being used. If prior notification is not going to be possible because of the nature of the recording, then secret recording approval must be obtained in advance. If it is clear that filming is taking place, for example where a main camera is also being used simultaneously, then secret recording approval is not required.
Third Parties Wearing Body Cameras and Microphones on the 成人快手's Behalf
The Guidelines state that:
Any proposal to equip third parties with body-worn cameras and microphones, where to do so might infringe the privacy of an individual or where the third party is entering private premises without permission, must be referred in advance to the Director of Editorial Policy and Standards.
There may be occasions when for safety or operational reasons that it is appropriate to give third parties body cameras in order to gather content on the 成人快手's behalf. This might apply for example to fire fighters or others carrying out dangerous work, or entering restricted areas. Subjects of observational documentaries, such as the police or paramedics, may be given body worn cameras to show their work from their point of view. There must be a public interest and privacy and consent must be respected. Editorial Policy should be consulted at an early stage in the process, and before filming commences Director, Editorial Policy and Standards must approve the proposal.
Tag-Along Raids
The Guidelines state that:
A tag-along raid is when content producers accompany police, customs, immigration, environmental health officers or other bodies to observe them working on behalf of public authorities. Tag-along raids are only justifiable when there is a public interest and after consideration of editorial and legal issues including privacy, consent and trespass.
When content makers go on tag-along raids on private property they should normally:
- ensure anyone present understands the recording is for the 成人快手 as soon as practicable
- only film those who are the target of the raid and avoid any third parties, especially children and vulnerable adults
- avoid filming irrelevant personal property or spaces and concentrate on filming where evidence has been found or is likely to be found
- stop recording and leave immediately if asked to do so by the owner, legal occupier or person acting with their authority.
Exceptions may include where there is reason to believe serious illegal or serious anti-social behaviour is being exposed, and the public interest will justify continued recording or presence.
Editorial Policy and Programme Legal Advice should normally be consulted about proposals involving tag-along raids.
(See Section 7 Privacy: 7.3.5, Section 6 Fairness: 6.3.32-6.3.37 and Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.12)
Tag along raids typically involve programme makers following the work of third parties such as the Police, Trading Standards officers, Immigration or Environmental Health Officers, and staff of HMRC but are not limited to these bodies. Normally the third party is accompanied by our own production staff carrying visible cameras, who announce themselves at the earliest opportunity to ensure people understand the 成人快手 is filming and recording for broadcast. Normally individuals encountered on private premises in such circumstances have the right to refuse consent for filming.
If the owner, legal occupier or person acting with their authority does not consent programme makers should stop recording and leave immediately. The recording equipment worn by third parties on the 成人快手's behalf must be switched off at the same time.
Exceptions my include where there is reason to believe illegal or anti-social behaviour is being exposed and the public interest will justify continued recording.
If consent is given but third parties wearing body cameras and microphones become separated from the main camera, there is a risk that the individual who has consented will not realise that other recordings are taking place elsewhere on the premises for which they have not consented. On separation, the third party's body camera and microphone should be turned off immediately or the people on the premises should be informed that third parties are also recording on behalf of the 成人快手.
(See Editorial Guidelines Section 1 The 成人快手's Editorial Standards The Public Interest 1.3)
Secret filming during a tag along raid would not normally be justifiable.
Material from Third Party Body Cameras and Other Unobtrusive Devices
Many organisations such as the police use body worn cameras for their own evidence gathering purposes and may offer to supply their material for use by the 成人快手. When such material is used, it must be in the public interest and appropriately labelled.
(See Editorial Guidelines Section 1 The 成人快手's Editorial Standards The Public Interest 1.3)
Other material recorded and offered by third parties may include CCTV or webcam footage, and footage recorded on mobile phones or other unobtrusive personal devices when the individuals filmed were not aware they were being recorded[1]. In such cases it is important to consider issues of privacy (including whether the material has been secretly recorded) as well as accuracy, anonymity, offence, and legal issues such as defamation, contempt of court or data protection. Special care should be taken over material supplied by lobby groups or organizations with a vested interest in a story.[2] Such material should normally be labelled.
Ownership of Material
Provided we are producing and directing the use of the body camera and we are responsible for arranging the recording, we will normally be the owners of the copyright in the footage. In exceptional circumstances, however, there is a risk that third parties may claim they own copyright in body camera footage. If a third party may be involved in producing or directing any filming with body cameras seek advice from the Intellectual Property Legal Department.