The Tribune

EDITOR, The Tribune.

There is no law in the Bahamas prohibiting members of the public from photographing or filming law enforcement in the execution of their duties. This includes Police, Immigration and Defence Force officers.

The same is true of any civil servant, provided you do not violate another person’s confidentiality rights – for example by filming in a public medical facility. A landowner may also apply restrictions to filming on their private property. But in general, members of the public can take pictures or record anything in plain view from a public space, including public officials.

Particularly if you see officers engaged in brutality, corruption or other abuse, or if you suspect that some kind of abuse is about to take place, it is not just your right to record evidence and bear witness – it is your duty as a member of this society.

The fact that the government recently raised the question of equipping officers with body cameras speaks to the need for some kind of watchdog role over our all of our armed forces, as a preventative measure against misconduct. But it would be far more effective and far more transparent if the citizenry could take up this challenge and fulfill the role of being their brother’s keeper.

Rights Bahamas applauds the professionalism and bravery of all our law enforcement officers; however we also recognise that in The Bahamas, like anywhere else in the world, when there are opportunities for abuse of power such abuses are bound to occur. In fact, the current police and immigration practice of confiscating cell phones and cameras from anyone suspected of filming them is itself an example of such an abuse.

It is illegal for the police or Immigration to confiscate your property because you have filmed or photographed them. The have no lawful right to prevent you from recording their activities or force you to delete your recordings.

You must, however, never interfere with the police in the execution of their duties. Ensure that you record from a distance and do not obstruct their actions or movements. If approached by police officers, calmly and politely but firmly remind them that you have a legal right to photograph or film anything that occurs in a public space.

If the officers insist upon forcing you to surrender your property or delete your photos, contact Rights Bahamas immediately. We stand ready and willing to take action through the courts to vindicate your rights and recover your property.

Rights Bahamas

Nassau, Bahamas