Can I Take Photos In Court? (NSW)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.

While most proceedings are held in 'open court' meaning anyone is free to come into the courtroom and watch, taking photos in court is a completely different story. Lawyers often have to warn their clients that taking a selfie in court for their social media is not a good idea, as it is against the law.

NSW law stipulates that you cannot use a recording device in a courthouse – meaning no photos, videos or audio recordings can be taken. This rule applies not to just within a courtroom itself, but all court premises, which include the toilets, car park, courtyards, halls, forecourts and corridors. Section 9 of the Court Security Act 2005 stipulates that the maximum penalty that a court can hand down is a fine of $22,000 and/or imprisonment for up to 12 months.

The prohibition extends to all forms of recording equipment, including mobile phones, digital cameras, tablets, smartwatches, and any other device capable of capturing images, video, or audio. Court security officers actively monitor for such devices and have the authority to confiscate them if used inappropriately. The strict enforcement of these rules ensures the integrity of court proceedings and protects the privacy of all participants.

Understanding Court Security Legislation

What Constitutes a Recording Device

Under NSW law, a recording device is broadly defined to include any equipment capable of recording visual images, sounds, or data. This encompasses traditional cameras and recording equipment, as well as modern smartphones, tablets, laptops, and even smartwatches with recording capabilities. The Court Security Act 2005 takes a comprehensive approach to ensure all potential recording methods are covered.

Scope of Court Premises

It's crucial to understand that the photography ban extends well beyond the courtroom itself. Court premises include every part of the court building and surrounding areas, such as waiting areas, consultation rooms, security checkpoints, cafeterias within court buildings, lifts, stairwells, and even outdoor areas designated as part of the court complex. This extensive coverage ensures complete protection of privacy for all court users.

Are there any exceptions?

There are several exceptions to this rule. Recording devices may be used in the following five circumstances:

• Where you have the permission of a judicial officer;
• Where a lawyer is using a recording device to record their own voice on court premises, but not in a courtroom;
• For transcribing court proceedings for the court;
• For the use of a journalist who is in an area of court premises which is open to the public and housed outside of a building where the court is sitting; or
• Where the use of recording devices is allowed in other circumstances prescribed by the regulations

Obtaining Judicial Permission

When seeking permission from a judicial officer to use recording devices, applications must typically be made in writing well before the court date. The application should clearly state the purpose of the recording, the specific equipment to be used, and how the recorded material will be handled. Judges consider factors such as the nature of the proceedings, potential impact on participants, and whether the recording serves a legitimate purpose in the administration of justice.

Professional Recording Services

Court-approved transcription services operate under strict guidelines and confidentiality agreements. These professional services use specialized equipment and trained operators who understand the legal requirements for court recordings. The recorded materials are subject to court control and cannot be distributed without appropriate authorization.

Media access to courtrooms

In 2014, new laws were passed making it easier for broadcasters to obtain permission to film in court, by creating a presumption that filming is allowed in certain circumstances. In District Court and Supreme Court proceedings, courts can now refuse permission to broadcasters to film during judgments and sentencing only if filming could:

1. Identify someone, or contain material that was protected by a suppression order or otherwise protected by law;
2. Prejudice any criminal proceedings or investigation;
3. Disclose the existence of any covert law enforcement operation;
4. Pose a significant risk to the safety of anyone involved in the proceedings; or
5. Be detrimental to the orderly administration of justice (as determined by the Chief Judge).

Filming during other types of proceedings such as trials, bail hearings and all children's matters remains prohibited. When broadcasters are filming during judgments and the delivery of sentences, the film must not reveal jurors, victims or their immediate family or the accused and their immediate family.

Broadcasting Guidelines and Restrictions

Media organizations must comply with strict broadcasting guidelines when granted permission to film in court. Camera operators must use fixed positions, avoid disrupting proceedings, and ensure no identifying shots of protected individuals. The footage is subject to editorial restrictions and must not be used in a sensationalized manner that could undermine public confidence in the justice system.

Consequences and Enforcement

Penalties for Violations

Violating the photography restrictions in NSW courts can result in serious consequences beyond the maximum penalty of $22,000 fine and 12 months imprisonment. Additional consequences may include contempt of court charges, confiscation of devices, forced deletion of images or recordings, and potential civil action if privacy rights are violated. For legal professionals, violations could also result in disciplinary action by the Law Society.

Court Security Measures

NSW courts employ various security measures to detect and prevent unauthorized recording. These include security screening at entry points, trained security personnel monitoring courtrooms, and technological detection systems. Court security officers have broad powers to search individuals and confiscate prohibited items, including the authority to examine devices for stored images or recordings.

Does anyone actually get charged with taking photos in court?

In 2011, the Sydney Morning Herald reported that a woman had been charged with contempt of court for taking photographs of the jury during a trial. The woman, who had been excited to learn that a friend of hers was a jury member at a trial, had gone along to watch and snapped photos in court of her friend surrounded by other jury members. Identifying jurors is a criminal offence and the woman's camera was confiscated by court security. The woman escaped a conviction for the offence, after explaining the circumstances and the fact that she was unaware her conduct was against the law. Signs were subsequently put up around Downing Centre Court indicating that photography is not permitted.

Recent Enforcement Examples

Courts continue to actively prosecute violations of photography restrictions. Recent cases have involved individuals attempting to document their court appearances for social media, family members trying to photograph proceedings involving relatives, and witnesses inadvertently recording while using their phones. Each case demonstrates the courts' commitment to maintaining the integrity and privacy of judicial proceedings.

Practical Advice for Court Attendees

Before Entering Court

Before attending court, ensure all recording functions on your devices are disabled. Consider leaving non-essential electronic devices in your vehicle or with someone outside the court building. If you must bring a phone for emergency purposes, inform court security and