News · Criminal law explainer
Can you film police in NSW?
Phone footage of police has become part of everyday life, and people often ask whether recording an officer is allowed. In New South Wales the general position is that you can film police in public, within limits. This note explains what the law allows, when filming can tip into an offence, and whether police can make you stop or delete what you have recorded.
By Aaron Kernaghan · Published 3 September 2026
Generally, yes. In a public place in NSW you can film or record police carrying out their duties, and you do not need their permission. The limit is that you must not obstruct or interfere with them. Police cannot lawfully require you to stop filming, hand over your phone, or delete footage without a proper legal basis.
Can you record police in public?
In a public place you can generally film, photograph, and record police carrying out their duties. There is no law that bans recording police in public, and you do not need an officer's consent. This applies to bystanders recording an arrest or a stop, as well as to a person recording their own interaction.
Recording can be a sensible thing to do. An accurate record of what was said and done can matter later, both to the person involved and to any complaint.
When can filming become an offence?
The main limit is obstruction. If your filming physically gets in the way of police doing their job, ignores lawful directions to move back, or interferes with an operation, that can amount to hindering or obstructing police, which is an offence. The recording itself is not the problem; interfering is.
Other laws can also apply in particular settings, such as inside a courthouse or a custody area, or where a specific restriction is in force. In an ordinary public street, though, recording at a reasonable distance is generally lawful.
Can police make you stop or delete footage?
Police cannot lawfully require you to stop filming in a public place simply because they would prefer you did not. Nor can they require you to open your phone, hand it over, or delete footage without a proper legal basis, such as a search power or a court order.
If an officer asks you to stop or to hand over your phone, you can ask on what legal basis. Deleting footage on request, or handing over an unlocked phone, is not something you are obliged to do without that basis.
Filming your own interaction with police
You are entitled to record your own dealings with police. Keeping the phone in view, filming openly rather than covertly, and continuing to comply with lawful directions is the sensible way to do it. Announce that you are recording if that helps keep things calm.
Do not let the phone become the fight. Comply with lawful directions, keep recording if you safely can, and raise any concern about the officer's conduct later, through advice and a complaint if needed.
What to do if there is a problem
Stay calm and do not obstruct. If you are told to move back, move back, and keep recording from a lawful distance if you can. If police take action against you over filming, note what happened and get advice.
Where footage is relevant to a charge, it can be important evidence. Our note on detention without arrest and on arrest powers explain the powers police do and do not have.
Frequently asked.
Is it legal to film police in NSW?
Generally, yes. In a public place you can film or record police carrying out their duties without their permission, as long as you do not obstruct or interfere with them.
Can police stop me filming them?
Not merely because they would prefer you did not. Police cannot lawfully require you to stop filming in public without a proper legal basis. The limit is that you must not obstruct them.
Can police make me delete footage or hand over my phone?
Not without a proper legal basis such as a search power or court order. You are not obliged to open your phone, hand it over, or delete footage on request alone.
When does filming police become an offence?
When it crosses into obstructing or hindering police, for example by physically getting in the way, ignoring lawful directions to move back, or interfering with an operation.
Can I film my own arrest?
You can record your own dealings with police in public, but you must still comply with lawful directions. Film openly, keep the phone in view, and do not let recording become an obstruction.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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