The legal standing of public video footage

April 2014 Surveillance

CCTV evidence is typically treated to a strict scrutiny of a range of technical, legal, operator performance, and quality of evidence criteria in any disciplinary or court process. This applies whether it is in private organisations or the public domain. Included in this scrutiny is whether suspects can be positively identified, when and where the footage was obtained, any kind of handling of the footage and preservation of original video evidence which should be sealed. These legal considerations have given rise to extensive procedures and training in evidence handling, and are often targeted by defence lawyers.

The introduction of cellphones as recording devices for audio and video has introduced an explosion of potential recording in many situations. Members of the public now have the potential to pull out a phone and within seconds they could be recording incidents around them, or that they are involved in themselves. In Australia, the situation has got to the point where even at the end of normal news broadcasts, people are invited to send through video footage of news events they have recorded. More recently, police handling of a number of issues in Australia have been subject to being recorded by members of the public with fairly grave consequences to the police involved and the police force reputation. Part of the police calls for video to resolve the Boston Marathon bombing included video of any kind that may be of relevance, not just CCTV, and which could include cellphone footage. Publication of video on events on Youtube or Facebook is also becoming common, including crime events. In Australia again, there have been postings of people with CCTV footage in their homes publishing the video of burglars stealing from their homes on Facebook and asking if anyone knows the suspects.

In court cases, the introduction of such cellphone evidence is also subject to stringent review, similarly to CCTV. The case of Judge Nkola Motata where audio was recorded after an accident was critical to the final judgement, but substantial legal questioning was made of both the cellphone evidence and the owner of the cellphone himself. We have had similar reactions to use of other video introduced into court, whether via professional cameraman, video cameras operated privately, or cellphones.

The production of public video via cellphones and decisions being made on this seem to have skirted all of the legal obligations commonly found in court cases. In this sense, the potential for trial by media seems to be an increasingly common phenomenon. Similarly, Youtube video has also had major consequences where the publication of video has produced a management or executive decision based on the video which has directly affected the people displayed in the video. Interestingly, South African examples, like some of those in Australia, show those responsible for law enforcement seem to have become a target for such video. The police who were alleged to have dragged a suspect down a road behind a police van is an example. In other environments teachers have been both punished and defended by cellphone footage. These public cases may show events that rightly are cause for concern and need to have attention drawn to them. However, what does become concerning is that decisions are being taken without any of the legal scrutiny that may have been received in a court environment.

The context in which video was taken and events that may have surrounded it, the motivation of the people taking it, the integrity of the video and whether it has been manipulated are all too easily disregarded on the public stage. Indeed, in some cases people have released the video in order to call attention to issues while remaining anonymous and to escape victimisation. However, we need to be careful to acknowledge that media exposure or Youtube hits is not what defines the credibility of video evidence, whether this is based on CCTV, or mobile devices such as cellphones. Are we seeing the emergence of two parallel systems for evidence – the court process and the popular media one? In a country where fair and just legal due process is being increasingly questioned, popular video may be seen as an ideal alternative. Yet it may contain its own Pandora’s box of issues which we will be facing in the next few years.

Dr Craig Donald is a human factors specialist in security and CCTV. He is a director of Leaderware which provides instruments for the selection of CCTV operators, X-ray screeners and other security personnel in major operations around the world. He also runs CCTV Surveillance Skills and Body Language, and Advanced Surveillance Body Language courses for CCTV operators, supervisors and managers internationally, and consults on CCTV management. He can be contacted on +27 (0)11 787 7811 or [email protected]



Credit(s)




Share this article:
Share via emailShare via LinkedInPrint this page



Further reading:

Vivotek partners to enhance retail management
Surveillance Retail (Industry) Products & Solutions AI & Data Analytics
Recognising the growing demand from retail enterprises to boost operational efficiency through cloud security solutions, Vivotek has announced a partnership between its AI-powered cloud surveillance platform, Vortex, and Kabob.

Read more...
Protect your assets with Visual Verifier
Secutel Technologies Surveillance Products & Solutions
To ensure your valuable assets and secured areas remain protected during this high-risk time, Secutel offers the Visual Verifier (VV) – a solution delivering comprehensive security and peace of mind.

Read more...
Smart surveillance and cyber resilience
Axis Communications SA Surveillance Information Security Government and Parastatal (Industry) Facilities & Building Management
South Africa’s critical infrastructure sector has to step up its game regarding cybersecurity and the evolving risk landscape. The sector has become a prime target for cybercriminals on top of physical threat actors, and the consequences of an incident can be far-reaching.

Read more...
Dallmeier launches new entry-level camera
Dallmeier Electronic Southern Africa Surveillance Products & Solutions
Dallmeier electronic is expanding its product portfolio with the Picoline, an entry-level camera that offers a compact and cost-effective solution for applications that require day and night recording with the highest resolution (IR mode).

Read more...
ONVIF launches new online learning initiative
Training & Education Surveillance News & Events
ONVIF has released the first course in a new online learning initiative designed to promote greater knowledge and understanding of ONVIF's workings. The first “Introduction to ONVIF” course is now available.

Read more...
Axis introduces ACS Edge and cloud storage
Axis Communications SA Surveillance Infrastructure Products & Solutions
Axis Communications has launched two new solutions within the AXIS Camera Station ecosystem, AXIS Camera Station Edge (ACS Edge) and AXIS Camera Station Cloud Storage (ACS Cloud Storage).

Read more...
Axis announces ARTPEC-9 SoC
Axis Communications SA Surveillance News & Events
Axis Communications has announced the 9th generation of its system-on-chip (SoC). ARTPEC-9 builds on and refines the capabilities and features of previous generations of the company’s in-house designed SoC, including exceptionally low bitrate, AI-powered analytics, quality imaging, and enhanced cybersecurity.

Read more...
Enhanced remote video management
Duxbury Networking Surveillance News & Events
Duxbury Networking has announced the release of Milestone Systems’ XProtect 2024 R2 advanced video management software (VMS), offering improved remote management, optimised video performance, and further enhancing the operational efficiency of businesses across various sectors.

Read more...
Elvey to distribute Tiandy
Elvey Security Technologies Editor's Choice Surveillance News & Events
Tiandy’s presence in South Africa was boosted in November with the announcement that Elvey Security Technologies will distribute a broad range of Tiandy equipment through its channel partners and provide project assistance.

Read more...
Transforming safety with smart cameras
Surveillance AI & Data Analytics
Most of us grew up thinking good security amounted to an alert man at a boom. Today, security is no longer just about being watchful. It is about understanding, anticipating, and acting, all in real time.

Read more...