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Can You Get Arrested for Filming the Police in NSW?

BySydney Criminal Lawyers

At National Criminal Lawyers®, one of the most common questions our clients ask is: “Am I allowed to film the police?” With almost every person carrying a smartphone, filming encounters with law enforcement has become second nature.

But is it legal? Could you be arrested for pulling out your phone and recording? If you’re searching for answers on filming police NSW, can I record police officers, or criminal defence lawyer Sydney, this blog explains what the law says, how courts treat these situations, and when filming the police can cross into unlawful conduct.

The General Rule: You Can Film Police in Public

There is no law in NSW that prohibits filming police officers performing their duties in a public place.

This means:

  • You can generally film police in streets, parks, pubs, or other public spaces.
  • Police officers, as public officials, are not entitled to the same privacy expectations as private citizens.

This principle is confirmed by Australian Human Rights Commission guidance and the NSW Police Force Media Policy, which recognises that the public can record officers in public settings.

When Filming Can Lead to Arrest

While filming is not inherently illegal, the manner in which you film may lead to charges. Police can lawfully intervene if your filming amounts to:

1. Offensive Language or Conduct

If you shout abuse while filming, you may be charged under the Summary Offences Act 1988 (NSW) for offensive conduct or offensive language.

2. Privacy or Surveillance Offences

Although rare in public filming, using recording devices in private places (e.g., police station toilets, residences) could breach the Surveillance Devices Act 2007 (NSW).

3. Failing to Comply with a Lawful Direction

Under Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA), police can issue directions if necessary to prevent obstruction, harassment, or breaches of the peace. Failure to comply can result in fines or arrest.

Filming Police and Your Rights

  • You do not need police permission to film in public.
  • Police cannot lawfully seize your phone without a warrant, unless they believe it contains evidence of a crime (LEPRA, s 21).
  • You cannot be forced to delete recordings, even if police request it.

Related Issues: Bail and AVOs

If you are charged while filming police:

These are discretionary and depend on context, but they highlight how filming can lead to broader consequences beyond a single charge.

National Criminal Lawyers®: Protecting Your Rights

At National Criminal Lawyers®, we defend clients charged after filming police in contexts ranging from protests to everyday street encounters. Our lawyers:

  • Challenge obstruction charges where filming was passive and lawful.
  • Argue against unlawful phone seizures and breaches of privacy rights.
  • Fight for dismissals under s 10(1)(a) or CROs without conviction in minor public order matters.

Contact us

If you or someone you know has been arrested for filming police in NSW, don’t face it alone. A seemingly harmless recording can spiral into criminal charges with lasting consequences.

📞 Call 1800 CRIM LAW today to speak with our expert criminal defence lawyers in Sydney. We’ll fight to protect your rights, clear your record, and ensure that the law is applied fairly.

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