03 – Journalistic accountability
Are You Planning to Go Undercover?
Undercover filming introduces new risks. In general, a covert recording of a conversation or situation is considered to be an illegal invasion of privacy, and its unlawful use can lead to prosecution. When used in a journalistic context, it could be editorially justified if sharing the recording is in the public interest.
The stress of undercover filming can make mistakes more likely, so think through what could go wrong, and what that would mean for you, your film, your team, and your participants. If you make the decision to proceed with filming undercover, consult with legal counsel in advance to ensure you are doing what you can to mitigate unnecessary legal risk and to understand what immediate legal or safety consequences you might face if caught in the act. In addition, be mindful of what you say while the cameras are rolling. If a legal case is brought against the film, your raw footage would be discoverable.