The City of Johannesburg’s (COJ’s) controversial new by-law on surveillance cameras could require that all devices capable of filming be registered if they are ever used to record anything in a public space.
This includes everything from car dashcams to smartphones, potentially creating a massive headache for anyone in the province using these devices.
Every camera in the city
The COJ approved a new by-law in late February making sweeping changes to the way all closed circuit television (CCTV) cameras are regulated in the metro.
The ruling states that any person or business planning to install a camera system with a view of a public space, such as a road, will now be required to get formal approval from the municipality before they can do so.
Anyone who installs a camera without permission will be subject to penalties including fines and a prison sentence of no more than two years.
The COJ also wants to create a database of all privately owned surveillance systems in the city, meaning that existing infrastructure will also need to be registered.
Furthermore, it prescribes that no data or information collected through a CCTV camera can be disclosed or shared with anyone not authorized to access that data.
Video footage that shows a crime in a public area can no longer be shared on social media or other online platforms, as it must now be supplied to the Johannesburg Metro Police Department (JMPD) for investigation before anything else may be done with it.
One complication that has arisen from the new by-law concerns other types of recording devices, as Section 2 of the legislation states the provisions apply to all CCTV cameras and mobile cameras.
It also states that temporary installations of a CCTV camera or system on city land or infrastructure are prohibited, including if used on a trailer or vehicle adapted to be a “roving CCTV camera.”
The COJ explained that the rules will also apply to camera-related surveillance equipment, including:
- Body Worn Video
- Unmanned Aerial Systems
- Automatic Number Plate Recognition
- Other systems that capture information of identifiable individuals or information relating to individuals
Based on these broad definitions, dashcams and mobile phone cameras may need to be registered, and the footage they capture showing crimes in public areas may not be shared on social media, according to MyBroadband.
Under these provisions, it would be illegal for a dashcam or smartphone user to film and publish a police or traffic officer demanding bribes from a driver they pulled over.
There is even a concern that these provisions will limit the abilities of television news crews, who would be unable to share footage of public areas in their reports if it shows criminal activities such as vandalism.
A divisive policy
The by-law’s approval was immediately hit with backlash from various stakeholders, including private residents, civil action groups, businesses, the Democratic Alliance (DA), and the African Christian Democratic Party (ACPD).
The DA alleged that the COJ promulgated the CCTV by-law without alerting ward councilors to it, who should have passed the information on to residents and other stakeholders.
It further claimed that, if this had been the case, that the proposal would have received several objections.
However, Sarah Wissler, the chair of the metro’s public safety committee, disputed this claim, saying that there were two opportunities for public comment.
The ACPD voiced its own concerns, saying that the policy will require that every home in Joburg with a camera will now need to apply for permission from the city.
“How is this going to be monitored? Are private systems going to be integrated into the public CCTV infrastructure?” said ACDP councilor Ronald Winston Harris.
Anti-crime watchdog Yusuf Abramjee suggested that there is an ulterior motive to the by-law, arguing that it is an attempt to prevent the circulation of footage that highlights the state’s shortcomings.
“This new bylaw is here because social media has made the state’s failures in curbing crime too visible,” he said.
In addition to crime, Joburg’s infrastructure collapse is well-documented, with imagery of broken traffic lights, potholes, leaking sewage, a lack of water, and regular power outages.
The COJ’s defense against these accusations is that it is merely holding CCTV camera systems accountable to the Protection of Personal Information Act, saying that passersby need to be notified when they are being recorded.
It also argues that preventing the circulation of criminal footage is meant to avoid prejudicing cases before they make it to trial.
Eblockwatch’s André Snyman countered this point, stating that online CCTV footage has been instrumental in putting criminals in prison.
“Show me one case that was thrown out or one identity parade that went wrong because someone shared a video on social media,” Snyman said.
“I can show you many criminals behind bars because of videos being shared.”
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