Clermont, FL asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida

Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these police cam videos in my possession?

2 Lawyer Answers

A: The answer depends on whether the footage is officially public record at this time, as well as on what you mean by "reporting misconduct". Generally, any official public records may be shared on social media. However, if you were to edit/compile the footage in a way that is not exactly the way the full footage was produced as a public record, you potentially could get into legal trouble - for example, being accused of making a defamatory post. Also, if you were to post your own comments accusing any particular officer(s) of misconduct, there again, you might risk being sued for defamation.

If I were in your shoes, to be safe, I'd do two things: first, I'd contact the entity that produced the footage to confirm that it is public record that may be shared online. Second, for any critical comments you'd like to post with the footage, I'd run it by a lawyer.

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James L. Arrasmith
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Answered

A: In Florida, body camera footage is considered a public record and is generally accessible to the public, with some exceptions. However, there are certain considerations and potential limitations you should be aware of before using this footage on social media:

1. Obtaining the footage: You must obtain the body cam footage through the proper legal channels, such as submitting a public records request to the respective law enforcement agency.

2. Privacy concerns: If the footage contains sensitive or personal information about individuals not involved in the incident or reveals confidential details (e.g., addresses, phone numbers), you may need to redact or blur those parts before sharing the video.

3. Active investigations: If the footage is part of an active criminal investigation or legal proceeding, it may be exempt from public records laws, and sharing it could potentially interfere with the investigation or violate certain legal restrictions.

4. Context and accuracy: Ensure that you present the footage in a truthful and accurate manner, providing necessary context to avoid misrepresentation or defamation.

5. Terms of service: Be mindful of the terms of service of the social media platform you intend to use, as they may have specific guidelines or restrictions regarding the posting of such content.

It is advisable to consult with a local attorney specializing in media law or public records to ensure you are legally permitted to share the specific body cam footage you have and to address any potential legal risks or considerations before proceeding with posting the video on social media.

1 user found this answer helpful

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