Filming the police at roadblocks is not an offence, says Suaram

Filming the police at roadblocks is not an offence, said the human rights group Suara Rakyat Malaysia (Suaram).

Its executive director Sevan Doraisamy said there is nothing in the legislation that bars citizens from recording enforcement officials on duty.

"Unless it is interfering with legitimate law enforcement operations or it involves privacy-related issues where consent would be required," Sevan said in a statement.

He explained that the right to record is protected under provisions of international human rights standards namely the International Covenant on Civil and Political Rights and Universal Declaration of Human Rights that protect freedom of expression, freedom of assembly, and the right to information.

Sevan was responding to a statement by the Inspector-General of Police Abdul Hamid Bador that the police will take stern action against those who shoot photos or videos of them manning roadblocks.

“Individuals who do that (record and take photographs with the intention of casting a bad image on the police) are strongly reminded that there are many parties who are keeping their eye on you and waiting to arrest you.

“If they have gone out to purchase goods, it is not a problem, but if they purposely go out to record the roadblocks, then it is an offence because the police who are performing their duties are not there to be filmed or are on show,” Abdul Hamid had said.

Sevan said that disallowing the citizen from the recording is a violation of the right to freedom of expression enshrined in Article 10 of the Constitution.

"That right can only be restricted in special circumstances," he said.

Recording, he said, is crucial to ensure adequate oversight of law enforcement officials.

"While most police officers may be carrying out their duty according to the law there have already been reports of ill-treatment and abuses by the police.

"The ability for citizens to record and expose such abuses is a critical aspect of police accountability and provides victims with access to a remedy and redress."

"Citizens must be able to document without fear of arrest, violence, or other retaliation," he said. - Mkini