OK to film cops but not if it interferes with their duties, says Home Ministry

KUALA LUMPUR: Members of the public could run afoul of the law if they use their mobile phones to record footage of police when they are discharging their duties, says the Home Ministry.

Although using mobile phones for recordings is not an offence per se, such acts will constitute a crime if hampers police performing their work.

"Taking photographs or video recordings is not an offence.

"However, it becomes a crime if a member of the public records a video or does a live broadcast using a mobile phone when police are carrying out a raid or an arrest in a public area," the ministry said in a written reply to a question raised by Lim Lip Eng (PH-Kepong) in the Dewan Rakyat on Monday (Aug 1).

The ministry noted that action could be taken for obstructing a public officer from discharging his duty and interrupting investigations.

Such acts could also run afoul of Section 233 of the Communications and Multimedia Act if posting such recordings are done with the intention of disturbing others, added the ministry.

The ministry also clarified that the police were not empowered to carry out arbitrary seizures of or checks on mobile phones belonging to the public.

"Checks on mobile phones can only be done if the individual concerned is suspected of committing a crime provided under the law," the ministry added.

Among the laws included those covering sedition, human trafficking, serious crimes and terrorism.

Meanwhile, the ministry said they were still finalising the budget for body-worn cameras (BWC) for the police.

BWCs have been approved for use by the police under the 12th Malaysia Plan.