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FAQs

Kangaroo Island Community Broadcasters Inc.

Everyday questions and answers about 5KIxFM 90.7

Category: Legal

5KIxFM has certain legal rights when broadcasting or recording in public

In summary, we are covered under the Film and Photography section of the Law in South Australia.

The Law

Basically, no permisson is required to broadcast or record any person, happening, place, sound or event in a public place.

This includes what can be seen from a public place.

For example:

  • being in the street and filming or photographic shop front
  • or private property.

If it is visible from a pulic place the law states the process is acceptable for both vision, photos, filming and audio.

There is no expectaion of privacy in  public.

Resrictions

There are a few restrictions regarding the nature of such broadcasts or recordings for example: sexual content.

In a nutshell, this means when the station is at an event, out in the street (Roaming Reporting)  or a public meeting, there are no restrictions on what we can record other than those specifically listed in the law.

This includes but not limited to:

  • Public Events
  • Public Meetings EG: our AGM is a public event.
  • Public Sporting Events
  • Public Parades
  • Public Music Events

Summary 

Key Considerations Related to 5KIxFM.
  • Public Place: 

    Recording activities in a public place generally falls under the Surveillance Devices Act 2016 (SA), and there are no general restrictions on taking photos or videos.  (This includes audio recordings).

  • Interruption:
    If your recording efforts cause disruption or obstruction to a public meeting, the presiding member can direct you to stop.
    Private Meetings: 
    At a private meeting recording can ony be made with the permission of all participants.
  • Nature of Recording: 
    There are a few restrictions regarding the nature of such broadcasts or recordings for example: sexual content.

 

So, if you see our crew around the community please, don’t be combative. The station is perfectly withing its legal right to be doing what it is doing.

Our Crew safety is a primary concern of the committee at 5KIxFM.

For more information see the relevant section of the Law Handbook SA HERE.

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