From the PNA Legal Hotline

By Teri Henning, General Counsel
and Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association
Q: I recently attended a public meeting and was told that I could not use my cell phone to record the proceedings because cell phones are not approved by the board as an appropriate recording device and because I didn’t get permission to record in advance. Can the agency do that?

A: No. The Sunshine Act expressly allows the public to use recording devices during public meetings.

Section 711 of the Sunshine Act states that the public “shall have the right to use recording devices to record all the proceedings.” The statute does not limit the type of recording technology that may be used to record a public meeting and there is nothing in the law that supports such a regulation by the agency.

On the contrary, the courts have interpreted section 711 broadly and have declined to disapprove of specific types of recording devices. In Hain v. School District of Reading, 641 A.2d 661 (Pa.Cmwlth 1994), the Commonwealth Court held that video as well as audio recording are permitted during public meetings. The law does allow agencies to create reasonable rules and regulations regarding the use of recording equipment during meetings. However, a regulation that requires the public to obtain permission from the agency in order to record public meetings conflicts with the plain language of the statute and would likely be unenforceable.