From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: The County Commissioners have enacted a policy that prohibits members of the media from recording public meetings. Are they allowed to do that?

A: No. Members of the media have the same rights under the Sunshine Act as any member of the public. Section 711 of the Sunshine Act expressly permits the use of recording devices at all public meetings. Agencies can create rules governing the use of recording devices but those rules must be reasonable and cannot violate the intent of the Sunshine Act.

PNA is aware of only one case where the Courts ruled on the reasonableness of recording device rules. In that case, the Commonwealth Court held that banning video cameras was not reasonable and could not be used to maintain order without violating the intent of the Sunshine Act.

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PNA Legal Hotline: (717) 703-3080