Buzz
Fans of the popular A&E reality show Live PD, airing in two-hour segments on Friday and Saturday evenings, are familiar with two recurring scenes as the camera crews follow six different police departments across the nation. One involves officers frequently searching vehicles for marijuana (and typically discovering it). The other features civilians sitting in cars or on porches occasionally declaring they don’t consent to being filmed. So, is it really possible for the show to air suspects’ faces without their permission?
To unravel this legal conundrum, it’s important to note that Live PD isn’t truly live. Though the show’s production center switches between the various participating police departments in real-time, it isn’t broadcast exactly as it happens. A delay is implemented to handle situations like a violent crime occurring or accidentally capturing undercover officers, among other concerns. The show’s producers haven’t specified the exact length of this delay, but in 2017, executive producer David Doss revealed to NBC that it typically lasts several minutes. (A&E did not respond to our request for comment.)
Is that enough time to secure written consent from those involved to air their image to millions of viewers? In some instances, yes.
Randy Wallace, a resident of Tulsa, Oklahoma, appeared on the show in February 2017 and later criticized the police department for suggesting he was a gang member. Wallace acknowledged in interviews that he signed a waiver when a production team member handed it to him. (The Tulsa PD subsequently chose not to renew its participation agreement with the show.) According to Wallace, the production team sought permission to use his image and likeness.
A&E NetworksHowever, not everyone is given the chance to sign consent forms. In Walton County, Florida, a man detained under suspicion of driving a stolen vehicle and shown in handcuffs on the program claimed that he was never offered the opportunity to sign any forms and was upset about being portrayed as a criminal. (The man owned the car and was not arrested.)
From a legal standpoint, the show was likely within its rights in both instances, due to privacy laws that regulate public spaces: Essentially, you forfeit privacy rights when you're out in public.
Mark Rosenberg, an attorney specializing in intellectual property law, explains to Mytour, 'When you're outside in a public place, you have no expectation of privacy. You can video people and use them on television.'
Naturally, there are restrictions. Cameras for Live PD generally remain outside private homes unless granted permission to enter. Footage of people standing in doorways is usually filmed from a vantage point that someone walking down the street would have.
When producers ask individuals to sign waivers, it's often because they want to use the footage for promotional purposes, such as in a TV commercial or other advertisements for the show. 'If they’re using someone’s face for advertising, that goes beyond any newsworthy reason that might be involved,' Rosenberg explains.
If you ever find yourself being detained by the police with a camera crew present, don’t expect to be required to give or revoke permission to be filmed.
