Filming the police at a protest in France: your rights

During a protest, you take out your phone to record an arrest. An officer tells you to stop, or even to hand over the device. Filming the police nevertheless remains a right in France, and the law mainly regulates what you do with the footage. A lawyer reviews your situation in 20 minutes on Avocat20min.fr.

This article explains what you may film and publish, what became of Article 24 of the Global Security law, the rules on face coverings and what can happen to your phone.

Filming the police: the principle

No law forbids filming the police in the street. The right flows from freedom of expression and information, protected by Article 11 of the Declaration of the Rights of Man and of the Citizen and by Article 10 of the European Convention on Human Rights.

The Ministry of the Interior wrote it down itself in a circular of 23 December 2008: police officers "enjoy no special protection as regards image rights". The same circular rules out arresting the person filming, taking away their equipment or destroying the recording.

The legal force of this circular is debated, but the principle it recalls rests on freedom of expression, not on the circular itself. An officer on duty in a public place therefore cannot forbid you to film simply because he or she does not want to appear on camera.

The limits on filming

Filming the police still has a few limits:

• Units whose anonymity is protected. An order of 7 April 2011 lists intervention, counter-terrorism and intelligence services whose officers must not be identifiable. Article 39 sexies of the Press Law of 29 July 1881 punishes revealing their identity with a fine.
• Private places. Capturing someone's image in a private place without consent falls under Article 226-1 of the Criminal Code.
• Obstructing an operation. Filming gives no right to step in, to follow an officer too closely or to hinder an arrest. Keep a reasonable distance and obey orders to move back.
• Secrecy of the investigation. It binds investigators, but sharing footage of a crime scene can still cause problems.

Police officers and gendarmes must themselves remain identifiable. Article R.434-15 of the Internal Security Code requires them to wear their individual identification number, known as the RIO, in a visible way. Filming that number can help if you file a complaint.

Sharing the footage: what the law punishes

Filming the police and sharing the video fall under two different regimes. Publication remains free in principle, but several texts limit it.

What you do	Text	Risk
Publishing footage of a police operation, with no other aim	No specific text	No offence as such
Sharing information that identifies or locates an officer or their family, to expose them to a risk of harm	Art. 223-1-1 Criminal Code	5 years' prison and a €75,000 fine when the victim holds public authority
Revealing the identity of an officer from a protected unit	Art. 39 sexies, 1881 Press Law	Fine
Sharing images of violence against a person, outside news reporting or evidence	Art. 222-33-3 Criminal Code	5 years' prison and a €75,000 fine
Publishing a recognisable protester without consent	Art. 9 Civil Code	Damages

Article 223-1-1 comes from the law of 24 August 2021, known as the "separatism" law. Its basic version punishes exposing someone to danger in this way with 3 years and a €45,000 fine. What it targets is not the video, but the intent to endanger, for example by posting an officer's name and home address.

Officers' faces need not be blurred: no law requires it. Do blur the protesters and the people being arrested, who asked for nothing. The dignity of a handcuffed person, in particular, deserves protection.

You can always hand a video to the justice system. It can serve as evidence, for or against, before the public prosecutor or the judge.

What became of Article 24 of the Global Security law

The "Global Security" bill contained an Article 24, which became Article 52 of the text as passed. It aimed to punish sharing the image of a police officer or gendarme on an operation, with the aim of harming their physical or mental integrity.

The Conseil constitutionnel struck it down entirely in decision No. 2021-817 DC of 20 May 2021. It held that Parliament had not defined the elements of the offence precisely enough. The article therefore never came into force.

Officers' protection now rests on Article 223-1-1 of the Criminal Code, adopted three months later. Its logic differs: it does not target the image as such, but the disclosure of information in order to put someone in danger.

The upshot: filming the police and publishing footage of an operation remains lawful, as long as the post does not single out an officer so that others will attack him or her.

Face coverings at protests: offence and petty offence

Filming the police with your face uncovered causes no difficulty. Covering your face, on the other hand, falls under several separate texts that should not be confused.

Situation	Text	Maximum penalty
Covering your face in public, outside any protest	Law of 11 October 2010	Second-class petty offence, up to €150
Covering your face to avoid identification, within or around a protest, where disorder is feared	Art. R.645-14 Criminal Code	Fifth-class petty offence, up to €1,500
Deliberately covering your face, without legitimate reason, within or right around a protest where disorder occurs or may occur	Art. 431-9-1 Criminal Code	1 year in prison and a €15,000 fine
Staying in an unlawful assembly after the warnings, face covered	Art. 431-4 Criminal Code	3 years in prison and a €45,000 fine

The offence in Article 431-9-1 comes from the law of 10 April 2019, which the Conseil constitutionnel upheld on 4 April 2019. It does not require any violence on your part: covering your face is enough, once disorder occurs or threatens.

The "legitimate reason" is the key. A mask worn for health reasons, protective headgear for an identified journalist or festive make-up may qualify. A balaclava or a scarf pulled up when clashes start, much less so.

Our article on the right to protest places these rules in the wider framework, with forbidden items and dispersal warnings.

Your phone: seizure, deletion, passcode

Can your phone be taken because you were filming the police? It all depends on the setting.

During a simple check, an officer cannot seize your phone or demand that you delete a video just because you were filming. The 2008 circular rules it out. Forcibly deleting a recording may amount to misconduct worth reporting.

In police custody, your personal belongings, phone included, are taken from you for the duration and listed in an inventory. You get them back on release, unless they are seized.

If it is seized, the investigating officer places the phone under seal as evidence, as part of an investigation, and records it in an official report. To get it back, you send a request for return to the public prosecutor (Article 41-4 of the Code of Criminal Procedure), or to the court handling the case.

The unlock code raises a delicate question. In a full-court judgment of 7 November 2022 (No. 21-83.146), the Cour de cassation held that refusing to give it can amount to the offence in Article 434-15-2 of the Criminal Code, punishable by 3 years in prison and a €270,000 fine. The phone must, however, use encryption, it must have been liable to serve in preparing or committing an offence, and the request must come from a judicial authority or be made under its control. Before refusing or agreeing, ask to speak to your lawyer.

Our guide to police custody in France details your other rights while in custody.

Good habits for filming the police safely

A few precautions let you film the police without putting yourself in the wrong:

• Keep your distance and never hinder an arrest.
• Say calmly that you are filming if asked, and point out that the law allows it.
• Obey dispersal orders: filming does not entitle you to stay after the warnings.
• Keep your face uncovered, unless you have a legitimate reason.
• Back up your videos to cloud storage, in case the phone is seized or lost.
• Blur protesters before publishing anything, and never post personal details about an officer.
• Note the time, the place and the RIO of the officers involved if you plan to complain.

For a child who was filming during an arrest, our article on a minor arrested at a protest explains what to do. A conviction for covering your face can also appear on your criminal record.

What a lawyer brings

If you have just been filming the police, a lawyer checks whether the video can be published safely, or whether it should go to the public prosecutor instead. He or she obtains the return of a seized phone and assists you in custody, including on the passcode question. The lawyer also defends you before the criminal court (tribunal correctionnel) if you face charges for covering your face.

Legal aid (aide juridictionnelle) can cover the fees depending on your means. A criminal law lawyer answers in 20 minutes.

The text of Article 223-1-1 is available on Légifrance, in French.