{"id":3594,"date":"2020-06-01T19:05:02","date_gmt":"2020-06-01T17:05:02","guid":{"rendered":"https:\/\/www.legal-team.at\/seoneu\/can-you-film-police-officers-doing-official-acts\/"},"modified":"2021-12-21T10:45:06","modified_gmt":"2021-12-21T09:45:06","slug":"can-you-film-police-officers-doing-official-acts","status":"publish","type":"post","link":"https:\/\/www.legal-team.at\/en\/can-you-film-police-officers-doing-official-acts\/","title":{"rendered":"Can you film police officers doing official acts?"},"content":{"rendered":"
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Sooner or later everyone comes into contact with the police.<\/strong> For most of us, this happens during a traffic control or when interviewed as a witness. In some cases, however, misunderstandings or even false accusations can arise. According to Statistics Austria, of 247,044 proceedings in 2018, a total of 164,117 were either terminated or acquittals were made. More than 66% (!) Of the accused or accused were thus proven to be innocent.<\/strong><\/p>\n <\/p>\n Whether through or through no fault of your own, if you come into contact with the police, it is advisable to stay calm and be polite. After all, the police officers only do their job and you don’t have to make it unnecessarily difficult for them. But since police officers are only human, situations can become heated, in which it is advisable to document the official act. This is not least because the police often have to decide and act very quickly, which can lead to inappropriate decisions. In many cases clients report that after such inappropriate decisions the police have completely different accounts of what exactly happened.<\/p>\n <\/p>\n Extreme examples from practice: <\/strong><\/p>\n <\/p>\n <\/p>\n <\/p>\n Practice has shown that when in doubt, many judges are more likely to believe the police than ordinary citizens<\/strong> . Often this is justified with standing sentences, such as that no reason would exist<\/p>\n <\/p>\n “To distrust the statements of the experienced police officers, which were conclusive, credible and understandable in their synopsis, since they would have to reckon with considerable disciplinary and criminal consequences in the event of a deliberately false report or an incorrect testimony.”<\/em><\/p>\n <\/p>\n Taking up an official act is therefore generally more than sensible in many situations. The question now is whether and to what extent this is also allowed.<\/strong><\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n Question: Is it allowed to film from the beginning or does a police officer have to do something \u201cborderline\u201d beforehand to justify the filming?<\/strong><\/p>\n <\/p>\n <\/p>\n Question: Is everyone allowed to film or only those who are “acted as officials” by the police? <\/strong><\/p>\n <\/p>\n <\/p>\n Question: Is it allowed to film the police officers directly or do you have to film in such a way that you cannot recognize faces?<\/strong><\/p>\n <\/p>\n <\/p>\n Question: Isn’t it better to take a picture in secret?<\/strong><\/p>\n <\/p>\n <\/p>\n Question: Can I publish the recording on social media, YouTube, etc.?<\/strong><\/p>\n <\/p>\n <\/p>\n <\/p>\n Question: What if someone else publishes the video without my knowledge?<\/strong><\/p>\n <\/strong><\/p>\n <\/p>\n For example, you have to keep the mobile phone with which the recordings were made safe and inaccessible (locked) to others or only give it to people who you can be sure that it will not be published.<\/p>\n <\/p>\n <\/p>\n <\/p>\n All information on this website is for initial information only and cannot be used as a substitute for legal or other advice. We therefore assume no liability for any compensation.<\/strong><\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" Can you film police officers doing official acts? – Yes, you can and should. Sooner or later everyone comes into contact with the police. For most of us, this happens during a traffic control or when interviewed as a witness. In some cases, however, misunderstandings or even false accusations can arise. According to Statistics…<\/p>\n","protected":false},"author":4,"featured_media":2908,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[32],"tags":[],"yoast_head":"\n\n
In many cases, the existence of a film documentation is the basic requirement in order to be able to prove one’s innocence.<\/strong><\/h3>\n
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The Supreme Court (6 Ob 6 \/ 19d) answered the question as follows:<\/strong><\/h3>\n
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