When filming becomes a crime: FSU condemns arrest of silent auditor at Auckland rally

10 December 2025 

FOR IMMEDIATE RELEASE 

When filming becomes a crime: FSU condemns arrest of silent auditor at Auckland rally 
 
“The Free Speech Union (FSU) is deeply troubled by the arrest of a citizen journalist at Meyers Park on Sunday, and calls on the Independent Police Conduct Authority to investigate what appears to be a serious failure to protect lawful activity while enabling mob behaviour. 
 
“The man, known online as @AucklandCitizen, was arrested for allegedly breaching the peace after spending more than forty minutes being surrounded, obstructed and intimidated by activists while he attempted to film a public rally. Video footage shows he remained silent, did not engage, and repeatedly tried to move away from those harassing him. 
 
"Filming in public is not a crime," says Free Speech Union CEO Jillaine Heather. "What we appear to have here is a textbook thug’s veto: a citizen exercising their lawful right to document a public event was arrested because a crowd didn't like being filmed." 
 
“The FSU notes that under New Zealand law, individuals are free to photograph or film in public spaces without consent. This right is explicitly acknowledged by New Zealand Police on its own website. Breach of the peace requires violence or threatened violence, not the mere act of holding a camera. 
 
"The footage raises serious questions about selective enforcement," says Ms Heather. "Those who blocked his movement, pushed into his space, and followed him step-for-step faced no consequences. Yet the man who stayed silent and tried to disengage was tackled and handcuffed. This sends a chilling message to anyone who might document public events." 
 
“This arrest follows a troubling pattern. In November 2023, the FSU supported criminal defence lawyer Lucy Rogers after she was arrested for "breach of the peace" while silently holding a sign reading "SELECTIVE CONDEMNATION OF GENOCIDE IS EVIL" at a Queen Street protest. Police ripped up her sign and handcuffed her; not because she was violent, but because they allegedly feared the crowd might react violently. The FSU has since filed suit against the Attorney-General on her behalf. 
 
"The parallels are striking," says Ms Heather. "In both cases, a person engaged in silent, lawful activity was arrested because police decided it was easier to remove the victim than to protect them from a hostile crowd. This is the thug’s veto. 
 
“The Independent Police Conduct Authority's February 2025 report on public protest policing, prompted by 168 complaints about the Albert Park rally in March 2023, found the police response was "inadequate" and failed toprotect public safety. A 71-year-old woman was assaulted while police stood back. Yet those exercising their lawful right to attend and document events continue to face arrest while aggressors walk free. 
 
"If police allow mob behaviour to determine who gets arrested, they have effectively outsourced enforcement to whoever shouts loudest," says Ms Heather. "That is not policing it is appeasement. 
 
“The FSU is writing to the Independent Police Conduct Authority requesting that it reviews this arrest and for New Zealand Police to clarify their policy on protecting the rights of those who film public events or engage in lawful protest activity." 

ENDS