Title
BJMP Policy on Prohibiting Recording Devices in Jails
Law
Bjmp-nhq Standard Operating Procedures Bjmp-crs 2012-001
Decision Date
Jan 1, 2012
The BJMP Policy on Prohibition of Any Type of Photo, Video and Audio Recording Device or Equipment Inside Jails aims to safeguard the security of inmates and personnel by prohibiting the entry and use of recording devices, with violators facing administrative and/or criminal charges.

Purpose, rationale, and policy goals

  • The SOP requires strict security conformity in jail management operations.
  • The SOP aims to prevent threats to jail security arising from access to security information through recorded data.
  • The SOP aims to protect inmates’ rights from harassment and unwanted criticisms.
  • The SOP establishes controls over recording activities to safeguard security and facility integrity.

Coverage: activities and media types

  • The SOP applies to films, telenovelas, mini-series, soap opera, music videos, documentaries, corporate videos or advertisements for products and services, and student or amateur films for commercial and non-commercial use.
  • The SOP applies to news coverage and other current affairs items.
  • The SOP covers recording activities within the premises of jail facilities under the BJMP.

Core prohibitions inside jail premises

  • No camera of any type or any recording device or gadgets may enter jail premises except the duly-issued jail camera, or when covered by a letter of application duly approved by the court and accompanied by an undertaking to faithfully comply with Supreme Court-issued guidelines.
  • Personnel and visitors, including members of the media with similar items, must deposit their items with the sentinel on duty prior to entry to the facility.
  • Persons entering with devices capable of recording (including cameras, video cameras, audio recorders, laptops, surveying cameras, cellular phones, or similar gadgets) are subject to confiscation.
  • Upon confiscation, the confiscation is treated as a waiver of the person’s right to the device and its content, for inspection and review in favor of BJMP.
  • Prohibition of any type of camera/device with recording capability must be reiterated during Personnel Information and education (PI and E) sessions in every jail.
  • The prohibition must appear on weekly accomplishment reports.

Required signage and undertakings for visitors

  • A printed statement prohibiting entry of the abovementioned items must be visible among visitors at the entrance of the facility, with at least an inch of size per letter.
  • The printed prohibition statement must also be translated to local dialects.
  • Visitors sanctioned for violating the policy must execute an undertaking that they will faithfully comply with facility rules and regulations as a requirement in the lifting of their penalty.

Rules for confiscated recording devices

  • Confiscated photo, video, and audio recording devices must be properly marked prior to turnover to the Supply Officer or the Desk Officer for proper disposition or safekeeping inside a secured cabinet provided by the jail unit.
  • The jail intelligence office must immediately conduct a careful review of recorded data on the confiscated item in the presence of the owner and the Warden or the duty Officer of the day.
  • If nothing essential to jail management and security is found, the device must be returned to the owner.
  • If the recorded material contains data regarding jail management operations, especially on security aspects, the recorded data must be removed and transferred immediately to office files for further review.
  • The Warden, through the Jail Intelligence Unit, must submit an incident report to the Office of the Regional Director, with an advance copy furnished to the directorate for Intelligence, National Headquarters.
  • After files have been deleted from its source and transferred to new data storage, confiscated items must be returned to the rightful owner.

Recording permissions for activities needing documentation

  • Any jail activity that requires documentation—other than IWD programs, commitment of inmates, official visits, and site inspections—must first obtain clearance from its respective Regional Director.
  • The Warden must make a necessary written request for clearance stating justifications that necessitate entry of a photo, video, or audio recording device.
  • If the clearance is approved, the Warden must ensure that no images, scenes, or any related data detrimental to the image of the bureau are taken.
  • The Warden or duty Officer of the day has authority to review and edit data and actual footages taken during the activity.

Conduct rules for personnel and officials

  • Personnel on official functions must present themselves first to the Warden or the duty Officer of the day before conducting any activity, including identifying the type of recording device to be used.
  • The requirement to present first does not apply to members of the Command Group, directors of directorates, Chiefs of Offices of the National Headquarters, Regional Directors, Jail Provincial Administrator, and Intelligence Officers of the bureau.
  • National and local government officials, including foreign officers, entering the facility must comply with Section IV Paragraph 2 of the policy (i.e., deposit items with the sentinel on duty prior to entry).
  • For such officials, one (1) person accompanying the official or one (1) duty personnel may be designated as an official photographer using the jail camera for the duration of the visit.

Penalties and consequences for violations

  • Personnel who violate any provision of the policy must be charged administratively and/or criminally as deemed necessary.
  • Any visitor who violates provisions on bringing prohibited items under the policy must be banned for at least six (6) months from further entry to any BJMP facility.

Separability and effectivity

  • If any provision of the rule is rescinded or modified by a subsequent rule, all sections not affected by such rescission, modification, or declaration remain in force and effect.
  • The SOP takes effect (15) days after its dissemination nationwide.
  • Three copies of the policy are sent to the National Administrative Register of the University of the Philippines Law Center.

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