House bill would curb public access to police footage capturing a person’s death

Lawmakers are contemplating a measure that would prevent the public from accessing law enforcement audio and video recordings that show a person’s death after the bill’s sponsor argued that new restrictions are needed to preserve the dignity of the people depicted in the footage. But the legislation, House Bill 1223, has prompted criticism from First […]

Lawmakers are contemplating a measure that would prevent the public from accessing law enforcement audio and video recordings that show a person’s death after the bill’s sponsor argued that new restrictions are needed to preserve the dignity of the people depicted in the footage.

But the legislation, House Bill 1223, has prompted criticism from First Amendment advocates, who say that the change could unnecessarily restrict both journalists and the public from accessing evidence of potential police misconduct and reduce internal incentives for police to hold themselves accountable.

Rep. Joseph Gullett, a Dallas Republican who sponsored the bill, said the change would prevent bad actors from posting recordings, such as those from police body camera footage, online in order to monetize it.

“Ultimately, it’s about the dignity of the family who’s lost a loved one, and the situation that they’re going through,” he said in an interview. 

The bill came up in the House Judiciary Committee earlier this week, but did not receive a vote. Lawmakers from both parties expressed hesitation during the committee hearing about the scope of the bill.

“Oftentimes it’s the government who is the perpetrator of the killing,” said Rep. Matt Reeves, a Duluth Republican. “In situations where you’ve got unanswered questions about ‘how did the person get killed?’ I think it could be a good idea to be able to let the responsible journalist investigate and ask questions about the matter.”

Rep. Scott Holcomb, an Atlanta Democrat, also voiced concerns about the bill.

“I’m totally with you in terms of protecting the dignity of the deceased, but I also want to make sure that we don’t go too far in limiting the public’s access to [evidence of police misconduct],” Holcomb said during the hearing.

An amendment creating an exemption for members of the press was proposed but not added to the bill.

Under existing state law, recordings captured by police remain confidential while law enforcement investigations into police shootings or alleged misconduct are ongoing, but can be publicly released once the investigation is complete. If the bill passes, the footage would be available to police investigators, certain family members and those who are directly involved in a lawsuit where the recordings are relevant. 

Anyone else seeking access to the footage would need a court order, according to Sarah Brewerton-Palmer of the Georgia First Amendment Foundation.

The process would be “a huge burden” to journalists and the public, she said. 

“You’d have to hire a lawyer and go to court, and Lord knows how long it might take to actually get an order. And there’s no standard for what you’d actually have to show to get a court order compelling disclosure of this type of evidence,” Brewerton-Palmer said.

The Georgia First Amendment Foundation has come out against the bill, arguing that it could unnecessarily restrict reporters and members of the public from accessing information about their government.

“This kind of video footage is really important to the public’s understanding of how their tax dollars and other resources are being used, or misused,” Brewerton-Palmer added. “To just completely carve out this category of documents from the Open Records Act entirely because there may be some bad actors who are misusing it is a serious overreaction that could have pretty drastic consequences for oversight of law enforcement in the state.”

She also expressed concern that the bill could include footage captured from jails and prisons, reducing the opportunity for oversight in those contexts as well.

This and other bills have until Friday, March 6 to clear at least one chamber in order to have a smooth path to the governor’s desk. The Legislature adjourns April 2. 

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