LETTER | Police should not fear being filmed

LETTER | I refer to the Malaysiakini article Recording police 'carrying out probe' offence under Penal Code - Bukit Aman.

Why should the police or any authority be fearful of being film without obstruction if they do nothing wrong?

Most Malaysians own a handphone nowadays and it is nothing new for one to snap a photo or record a video and go live for any occurrence.

In your own property or home you are entitled to film the police whilst a search or raid is taking place, as long as you are not obstructing the officers.

Even if they threaten to seize your camera, they are not allowed to do so unless they believe it contains evidence of an offence.

In a public place, when the authorities are carrying out public functions, they are subject to recording and there’s nothing the police officer can do to stop you from recording unless you are interfering with their duty.

Legally, be it in public or private, it means if you are recording quietly, there is no question of obstruction or interference as in Section 186 or disobedience under Section 188 of the Penal Code as quoted by the CID chief.

Sometimes these officers will turn off the CCTV (if any) of the raided private premises and gather all the people (victims or occupants) into a corner during their investigation or search.

It is not rocket science to figure out why they want to be discreet and are against video-recording. I am not against their rightful duties but in some cases, they try to intimidate the citizens especially vulnerable ones.

There are cases in a foreign jurisdiction where the court decided that everyone has the right to record what the police do. This is to ensure no misconduct or abuse of power on the latter's part.

There is a need to balance between citizens' rights and the public duty of the authorities. Not to mention an emphasis on curbing any potential misconduct.

Perhaps it is time for the written law to be made clear on this issue.

The writer is a lawyer.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.