5F Programmes Involving Criminal Activity : Assisting Criminal Activity
Care is needed when actually filming criminal activity. It is an offence to aid, abet or assist the commission of any criminal offence i.e. assisting any criminal activity is likely to amount to a criminal offence itself. What constitutes ‘assisting' is often less than people think. Something as seemingly innocent as giving a criminal a lift in a car might in certain circumstances be deemed to be assisting the commission of a criminal offence.
Whenever filming criminal activity, programme-makers must always remember to remain as passive observers and do nothing that could be deemed as encouraging, inciting or assisting criminal activity.
Here are some basic rules programme-makers should always follow:
- be scrupulous to avoid a charge of encouraging or inciting or aiding or abetting any criminal behaviour. Bear in mind that those being filmed may later allege this. It is important that the rushes refute any such allegations, providing potentially crucial evidence that you didn't overstep the mark;
- make a careful distinction between observation and participation and keep any criminal behaviour at arms length ;
- never provoke behaviour which would not otherwise have occurred;
- think carefully before making any payment to a criminal - is payment in the public interest? For regulatory provisions regarding payments to criminals see Chapter 4B. In addition, any payment to a criminal is likely to need approval from the broadcaster.
Note: when filming with criminals and he issue of payment arises and there is arguably a public interest in making such payment, this should be referred back to the broadcaster for discussion and approval. In exceptional circumstances this may not be possible or practical, in which case the most senior editorial person present should make the decision whether or not to make the payment. This must be referred to the broadcaster as soon as reasonably practicable.