Filming Police Officers Is Not Illegal: High Court Rules That Citizens May Question And Record Officers

High Court Rules Citizens May Question And Record Police Without Fear Of Arrest

In a landmark ruling delivered on 29 July 2025, the Johannesburg High Court has confirmed that South African citizens are entitled to question police officers and record their conduct without the risk of arrest, reinforcing constitutional protections. The judgment arose from an incident involving attorney Jacobs, who was arrested after filming a roadblock. The court declared the arrest unlawful and awarded him damages of R250,000 (approximately US$ 13,000).

Citizens’ Rights Affirmed

The court plainly stated that citizens have the right to ask questions and demand explanations from police officers, and that doing so does not constitute obstruction of duty. According to the judgment,

“asking questions and demanding explanations is not interference with police duties.”

Recording Police Is Legal

Quoting from police internal guidance, the court reiterated that members of the public may film or photograph officers performing their duties, as long as they do not impede their actions. In an April communication to Metro Police, Safety and Security Executive Director Richard Bosman made clear:

“members of the public were perfectly within their rights to photograph or record video of officers conducting their responsibilities, as long as the officers were not hampered from doing so.”

Jacobs Case Sets Tone

The ruling stems from the wrongful arrest of attorney Jacobs while he filmed a police roadblock near his home. The High Court found his arrest unlawful. Jacobs has since received R250,000 (US$ 13,000 approx.) in damages. The court’s judgment cements the principle that ordinary citizens — not only journalists — enjoy the legal right to record police conduct.

The court emphasised that freedom of expression and access to information are key constitutional rights. The judgment reminds both police and the public that recording or questioning officers, in non-interfering circumstances, is lawful.