Filming Gardai

10-10-2020 1:46am

humberklog wrote: »

Why is the Garda saying he can't record because he was recording a juvenile? There's no such law. There is far as I'm aware no legal basis on what the Garda is saying.

Don't get me wrong, I think the guy videoing is an idiot. But that doesn't make the Garda right to spout off non-existing laws that's far more troubling than the little scuffle the other Gard gave the guy with the camera.

This is true. He was mistaken, presumable confusing the right to privacy that children enjoy in the Justice system. The more experienced head off the Sergeant won the day though

We all make mistakes even the 'gard' eh?

GT89 · 10-10-2020 1:47am

Niner leprauchan wrote: »

Little confused. Where was the assault and theft of phone? I saw a Garda placed his hands on front of a phone and a sergeant walk down the road and do absolutely nothing to the gob****e that was whining a camera into his face.

Seems people recording the Gardai don't like hands being legally placed in front of their cameras in a public place

Suck it up, buttercup.

Firstly you can video wherever the hell you like in a public place. He didn't put any camera in the Guards face he was just videoing in a perfectly normal way until a Garda told him to stop by the looks of thing which the Garda had no right to do.

Graham · 10-10-2020 1:49am

GT89 wrote: »

he was just videoing in a perfectly normal way until a Garda told him to stop by the looks of thing

Some might wonder why your hero didn't upload the events leading up to the clip.

humberklog · 10-10-2020 1:49am

Niner leprauchan wrote: »

We all make mistakes even the 'gard' eh?

Huh? i don't get this bit.

10-10-2020 1:49am

GT89 wrote: »

Firstly you can video wherever the hell you like in a public place. He didn't put any camera in the Guards face he was just videoing in a perfectly normal way until a Garda told him to stop by the looks of thing which the Garda had no right to do.

A Garda, in fact anyone can tell you to do anything. Absolutely anything. Your not obliged to comply. There is absolutely no legal restriction on issuing verbal directions to people. You can walk outside and tell those pesky kids playing football to go home. That is your right and it's their right to ignore you.

Was he forced to stop? Nope. No power enacted. No assault committed. No crime at all in fact, was committed.

Sucks when your limited knowledge doesn't get you over the line eh?

Divisadero · 10-10-2020 1:50am

It's a real shame that the 'protester's' efforts to harass and antagonize a working man were curtailed. What was this gathering anyway? Some sort of anti-lockdown protest? It's also a shame that the Guards couldn't just drag your hero down a laneway like the old days and give him a much needed attitude adjustment. It would actually be of benefit to us all as it would also help with making these dreary lockdowns a success.

10-10-2020 1:54am

humberklog wrote: »

Huh? i don't get this bit.

You spelt 'Garda' correct twice and then missed the a at the end of the third one. Just a bad joke on my part.

humberklog · 10-10-2020 1:55am

Niner leprauchan wrote: »

You spelt 'Garda' correct twice and then missed the a at the end of the third one. Just a bad joke on my part.

Oh. Right.

****ing hell

Im melting away · 10-10-2020 1:59am

Niner leprauchan wrote: »

A Garda, in fact anyone can tell you to do anything. Absolutely anything. Your not obliged to comply. There is absolutely no legal restriction on issuing verbal directions to people. You can walk outside and tell those pesky kids playing football to go home. That is your right and it's their right to ignore you.

Was he forced to stop? Nope. No power enacted. No assault committed. No crime at all in fact, was committed.

Sucks when your limited knowledge doesn't get you over the line eh?

"An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both"

Did the protester ask for his hand or phone to be touched?

NO he didnt.

It's assault by the letters of the law.

Sucks when your limited knowledge doesn't get you over the line eh?

Graham · 10-10-2020 2:03am

Im melting away wrote: »

Did the protester ask for his hand or phone to be touched?

NO he didnt.

:rolleyes:

Thank goodness we have such brave soldiers fighting the good fight to protect us from such atrocities.

In related news, it's interesting to see the cameraman's 'unstoppable force' in Irish politics has reached 2% of its funding target after only 5 weeks.

Im melting away · 10-10-2020 2:08am

Graham wrote: »

:rolleyes:

Thanks goodness we have such brave soldiers fighting the good fight to protect us from such atrocities.

The law is the law, flip it around,, if a guard was filming the protest and you touched their hand or camara, you'd be arrested for assault plan and simple.

Graham · 10-10-2020 2:10am

Im melting away wrote: »

The law is the law, flip it around,, if a guard was filming the protest and you touched their hand or camara, you'd be arrested for assault plan and simple.

I doubt it.

Im melting away · 10-10-2020 2:14am

Graham wrote: »

I doubt it.

Aw come on,
It's only a secton 2 assault.

Graham · 10-10-2020 2:18am

Im melting away wrote: »

Aw come on,
It's only a secton 2 assault.

Generally not the way the Gardai operate as recent events have demonstrated multiple times.

hynesie08 · 10-10-2020 2:20am

For a lad who swings a hoover like a hammer, ol' Andy Dyson is soft as baby ****e....

FunLover18 · 10-10-2020 2:25am

AFAIK the identity of juvenile offenders is protected by law in Ireland, hence the Garda doesn't want the arrest being filmed in case the camera captures the face of the juvenile in question.

humberklog · 10-10-2020 2:29am

FunLover18 wrote: »

AFAIK the identity of juvenile offenders is protected by law in Ireland, hence the Garda doesn't want the arrest being filmed in case the camera captures the face of the juvenile in question.

But the crime wouldn't be in the taking of the photo it would be in the publishing of the photo.

Graham · 10-10-2020 2:31am

humberklog wrote: »

But the crime wouldn't be in the taking of the photo it would be in the publishing of the photo.

You'd imagine that's something that our 'professional protestors' would want to fix.

FunLover18 · 10-10-2020 2:54am

humberklog wrote: »

But the crime wouldn't be in the taking of the photo it would be in the publishing of the photo.

But surely the Garda has a duty to protect their identity. We have no idea where the juvenile was in relation to the camera or the Garda.

humberklog · 10-10-2020 3:04am

FunLover18 wrote: »

But surely the Garda has a duty to protect their identity. We have no idea where the juvenile was in relation to the camera or the Garda.

Doesn't work like that though. If you can find the legislation that corrects me I'll gladly take that correction on the chin.

There's very few, if any, laws about taking photographs on public land. There's plenty of laws on publishing.

It doesn't really matter what's going on and with who a person can photograph away. I'm not saying that's morally right or wrong, it's just what any person can do. There's no law against it.

FunLover18 · 10-10-2020 3:18am

humberklog wrote: »

Doesn't work like that though. If you can find the legislation that corrects me I'll gladly take that correction on the chin.

There's very few, if any, laws about taking photographs on public land. There's plenty of laws on publishing.

It doesn't really matter what's going on and with who a person can photograph away. I'm not saying that's morally right or wrong, it's just what any person can do. There's no law against it.

Yeh I'm not taking a moral stance, I just find it interesting now.

But just because you can take pictures of me in public does that mean I have to let you? Presumably I can cover my face but I can't stop you taking pictures. It seems mad but it would make sense in a way because it would be difficult to police.

humberklog · 10-10-2020 3:26am

FunLover18 wrote: »

Yeh I'm not taking a moral stance, I just find it interesting now.

But just because you can take pictures of me in public does that mean I have to let you? Presumably I can cover my face but I can't stop you taking pictures. It seems mad but it would make sense in a way because it would be difficult to police.

Yeah, Ireland is quite the odd one in this compared to most countries. You don't have to let someone take your photo but you can't legally stop them. Once the photographer is on public land regardless of where the subject matter is (private property for example) they can snap away and importantly in this instance there's no seperate legislation regarding minors.
It's a totally different (and varying story) when the photographer and subject is on private property.

freshpopcorn · 10-10-2020 10:33am

Who do you see doing it.
Generally smart one’s saying ‘’ I don’t have to give you my name and address’’ or ‘’ look they are assaulting Johnny over there when Johnny isn’t cooperating, struggling when being placed under arrest’’
Or remember that one when the Garda stopped the young lad out on that scrabbles type bike and mammy was out in her Pajamas yelling and shouting with her phone.
I’d back the Gardaí.

tayto lover · 10-10-2020 11:54am

If I was that Garda I’d have taken the head clean off that clown.
I don’t know how they have such patience.

Nexytus · 10-10-2020 12:19pm

One danger in this is that if your footage captures any crime in progress then your camera/phone can be seized as evidence of that crime.

Turner · 10-10-2020 12:36pm

Nexytus wrote: »

One danger in this is that if your footage captures any crime in progress then your camera/phone can be seized as evidence of that crime.

Very true.

DPP VS Braddish

Braddish v DPP was an Irish Supreme Court decision that established principles in relation to gathering of evidence. The Supreme Court ruled that “the Gardaí are under a duty to seek out and preserve all evidence bearing on the guilt and innocence of an accused.”

Happens all the time. Protestor/freeman whatever you want to call them type person records the incident and shoves their phone in the face of the Gardai who respond to the crime.

If the Gardai believe the said phone contains evidence they are duty bound to seize it and retain it as evidence.

And bear in mind, the crime in question might take 12 months to come to court, another 6-12 months for it to progress to hearing and conviction. Appeals can be lodged straight away which can take another year. Never mind civil proceedings.

Be careful what you capture on your phones! By all means capture incidents on your phone and send the data to the Gardai to assist.

However if your main objective is antagonising Gardai as they work, this is never a good idea. Gardai have many laws they can use if they wish.

Some which might deprive you of your property for a long time!

Eric Cartman · 10-10-2020 12:43pm

Birneybau wrote: »

You make more U-turns than the Monaco GP.

How ?

10-10-2020 12:56pm

Im melting away wrote: »

"An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both"

Did the protester ask for his hand or phone to be touched?

NO he didnt.

It's assault by the letters of the law.

Sucks when your limited knowledge doesn't get you over the line eh?

If you are going to use the law to back up your arguments, you really should use the actual legal definition of 'assault'

PsychoPete · 10-10-2020 12:58pm

If someone was following me around with a camera while I work, I'd probably ram the camera down their throat

Strumms · 10-10-2020 1:19pm

I’d have sympathy with the person doing the filming if he was doing it with the sole intention of documenting something, documenting something he had a concern about.

What it appears from the video is that he was doing it with the intention of harassing the Garda. The camera is up in the Garda’s face. The nature of the interaction seems to be to try and escalate the situation, provoke a reaction.

The Garda snatches at the camera. If it’s me, going about my work, any work, in an office, warehouse, whatever location, I’d do the same if somebody was doing that to me.

Guy filming is a creep.

Filming Gardai

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