5F Programmes Involving Criminal Activity : Programme-Makers Undertaking Activities which may Amount to an Offence
When filming any criminal activity, there is always a risk that programme makers may get arrested, particularly if there is confusion about the programme-maker's role and whether they may be involved in the particular criminal activity. To minimise this risk, there are rules of best practice that programme-makers should follow - see above and 'Programmes Involving and/or Concerning Crime' Checklist at Chapter 6F.
However, from time to time programme-makers may deliberately undertake activities which put them at real risk of being arrested and charged with a criminal offence e.g. in undercover operations, where an undercover journalist comes into possession of drugs or stolen property for the very purpose of exposing the illegal activity. Such programmes require very careful consideration, research and preparation and must not be undertaken before detailed legal advice has been sought.
Programmes involving criminal activity may also touch upon issues related to contempt and court reporting. See ‘Contempt and Reporting Legal Proceedings' at Chapter 5B.