1. Introduction
The Council is committed to being open and transparent in the way it conducts its decision making.
Filming, recording and photography at Council meetings will therefore be allowed subject to certain restrictions and conditions.
2. Background
Section 100A(7) of the Local Government Act, 1972 (as amended) allows the Council to ‘permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place’. This provision to allow reasonable facilities for the reporting of Council proceedings is also noted in guidance issued through the Department for Communities and Local Government (June 2013). Further that ‘Councils may reasonably ask for the filming to be undertaken in such a way that it is not disruptive or distracting to the good order and conduct of the meeting.’
3. Procedure
3.1 Prior to a Meeting If a member of the public or media representative wishes to film, record or photograph proceedings, they should inform a member of the Council’s Democratic Services Team prior to the start of the meeting.
Any audio/visual recording/ photography must take place from a designated position in the meeting room approved by the Chair. No zooming or panning is permitted. Setting up must be done before the meeting starts to ensure the view of Elected Members of the public is not obstructed.
Those intending to bring large equipment, or wishing to discuss any special requirements are advised to contact the Council’s Democratic Services Team in advance of the meeting. The use of flash photography or additional lighting will not be allowed unless this has been discussed in advance of the meeting and agreement reached on how it can be done without disrupting the proceedings.
The Council asks those recording proceedings or taking photographs not to edit the footage or photographs in a way that could lead to any misinterpretation of Council proceedings.
The Chair will announce at the beginning of the meeting the request for the meeting to be recorded. The Chair will ask those members of the public present whether they agree to be filmed/recorded/photographed. If a member of the public is unwilling to be filmed/recorded/photographed then the Chair will comply with this request. Objections can be raised with the Chair at any point in the meeting if this is conducive to the conduct of the meeting, where a member of the public is being filmed/recorded/photographed.
The Chair of the meeting will have absolute discretion to terminate or suspend any filming, recording and photography if any of these activities are, in their opinion, prejudicing or disrupting proceedings in any way.
The circumstances in which termination or suspension would occur could include:
- Public disturbance or suspension of the meeting. The Council’s Procedure Rules provide that ‘if a member of the public interrupts proceedings, the Chair will warn the person concerned. If that person continues to interrupt, the Chair will order his/her removal from the meeting room.’
- Information of a confidential nature. Under Schedule 12A of the Local Government Act 1972, (as amended), the Council has the right to exclude the press and the public in considering items of a confidential nature and may be excluded from items that fall within a category of ‘exempt’ information, and
- Where it is considered that continued filming/recording/photography might infringe the rights of an individual
Any decision taken by the Chair on the interpretation of this protocol is final.
3.2 After the meeting
Any member of the public who wishes to make comment on the filming and recording of a Council meeting should contact the Democratic Services Team on 01429 284307 or e-mail democratic.services@hartlepool.gov.uk.
4. Data protection
The Data Protection Act 2018, does not prohibit the overt filming and recording of council meetings, where participants have given their consent to be so filmed or recorded. However, under no circumstances will filming, recording or photographs of children (under 18) be allowed without the expressed written consent of a parent or guardian.
If an individual films or in any way records or uses personal data from a Council meeting for a commercial purpose then they should be registered as the Data Controller for that information. It will be the responsibility of the individual concerned to ensure that they are appropriately registered and are fully compliant with applicable laws and procedures.
Recording and reporting the Council’s meetings is subject to the law and it is the responsibility of those doing the recording to ensure compliance. This will include the Human Rights Act, the Data Protection Act and the laws of libel and defamation.
For further information/clarification, contact the Democratic Services Team on 01429 284307 or e-mail: democratic.services@hartlepool.gov.uk.