What? Yes, that coping with the situation deteriorating more and more in our country? drift becomes obvious anti-democratic, and catastrophic economic situation. You, I do not know, but I, impotence torments me.
is why I decided to detail here, when I find the means that I would be able to find. Feel free to send me suggestions, I will try to dig as much as I could.
An idea that I worked for a while, the citizen oversight of police activities. In other words, is it possible for a normal citizen, with no special legal authority (like press pass) to observe, film, photograph or record by any other means (in the rest of the article I would simply shoot) the action of the police identity checks, searches and actions of law enforcement (at an event, for example)? After
reading more, it appears that it is actually perfectly legal, except as defined by law.
What legal framework?
First, the forces of order are subject to the same rules as any other citizen in this area, which means you can shoot anyone, but not publish these images. This means that we must make people unrecognizable (with a blur effect, for example) if we want to make the film public. Privately, however, it is quite possible to distribute these images. So beware of Internet mailing lists, some with public records, so freely accessible, which is equivalent to a publication. The legislation governing these arrangements are the Article 9 of the Civil Code (respect privacy) and Article 226-8 Penal Code (the penalty for publishing unauthorized pictures or words someone is one year imprisonment and / or fine of € 15,000. It does not laugh!)
The scheme is complicated by a special status for representatives of law enforcement. The Article 39 sexies of the Act on Freedom of the Press specifies that it is forbidden to make public the identities of the officials of the National Police, military (and therefore the police), civilian personnel of the defense or customs officers with a mission requiring anonymity. Note that municipal police officers or prison staff are not affected. However, case law has created several exceptions to this scheme:
-events whose importance justifies them being worn by the image to the public (May 19, 2004 Judgement of the Court of Appeal of Aix Provence)
-The current events in which representatives of law enforcement officials found themselves involved in the exercise of their function (Judgement of 26 June 2000 the Court of Appeal Paris)
-Police operations directly related to a highly publicized news event ( Judgement of 20 February 2001 the Court of Cassation )
-reconstructions of criminal acts ( Judgement of 10 May 2005 Court of Cassation )
These decisions are based primarily on the Article 19 of the Universal Declaration of Human Rights.
Moreover, the decree of 27 June 2008 concerning the anonymity of certain police officials said that the police part of certain units must remain anonymous, which means it is even prohibited filming them. This is the case (I quote the text): 1 °
unit coordinating the fight against terrorism;
2 ° Under the central management of the judicial police:
- Sub-Directorate Anti-Terrorism;
- Inter-service technical assistance;
- Brigade Research and Intervention Brigade and National Crime Research and Financial Investigations national
- brigades and intervention research;
3 °, the central domestic intelligence;
4 ° Under the central management of public security groups intervention of the National Police ;
5 ° Under the central management of the Border Police Central Office for the Suppression of illegal immigration and employment of undocumented foreigners;
6 ° The research unit, support , intervention and deterrence (RAID)
7 ° Under the Prefecture of Police:
- Services Intelligence Directorate responsible for the prevention of violence, terrorism and sectarianism;
- Section Anti-Terrorism Crime Squad Officer of the Judicial Police;
- Brigade research and intervention;
8 ° The safety of the Presidency Republic
But beware, the Act of 5 March 2007 on the prevention of delinquency makes the person filming an assault accomplice of the attacker. For now, this law has not yet been used to protect police officers responsible for blunders, and will not want judges may not act in a manner so clearly contrary to fact, but theoretically, according to the letter law, the possibility exists. This text does not concern persons holding a press card, ie the professional journalists.
What can we conclude from all this jargon? It
is perfectly possible to film the police during his action. The police can not stop you, except for some anti-terrorist units and intelligence. You can not make public its records without concealing the faces of police officers (Keep the original where you can see the faces, to serve as evidence if legal action by victims of police brutality), unless filmed events are media events, as events (which are by definition public, that police also know perfectly: it was on the same principle that they have the right to film protesters). An identity check is already very serious skid to become a news event, in my opinion.
addition, police have no right to seize your equipment without a decision of a magistrate (and they need it done by a Judicial Police Officer). The destruction or degradation of materials, or erasure of the recordings are totally forbidden, of course.
sure to always ask the police if they agree to be filmed. If they refuse, it does not affect your rights and duties. If they accept, they will struggle to attack you later. Shoot the question and answer.
Why all this jargon?
These texts protect you and guarantee your rights. Know them will be very useful against police officers who are likely to play the card of bullying. Obviously it is better to avoid having anything to reproach himself also to undertake this type of action.
And now, what can you do?
FILMS!
A first prize camcorder costs about 60 €, a digital camera about 40 €, a dictaphone in the 70 €. Many mobile phones are now also able to perform these functions. Stalk abnormal behavior of the police, shoot them and put them on several video sharing sites (better to avoid putting all eggs in one basket), or send to the media and associations defending the rights of citizens. Send to victims so they can enforce their rights. Take photos, record conversations. If one monitors the police, it will help make his work more carefully, what it can of course be welcomed!
Some links:
http://revolution.celeonet.fr/index.php?showtopic=17408
http://www.ldh-toulon.net/spip.php?article195
http://www.rue89.com/explicateur/2009/03/18/ce-que-manifestants-et-policiers-ont-le-droit-de-faire-ou-pas
http:/ / www.slate.fr/story/2997/t-le-droit-de-filmer-un-policier
http://www.mediapart.fr/club/blog/annav/190309/manifestants-vos-droits
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