What Should Journalists Do in the Event They Are Arrested or Detained?

Being a journalist is far from the safest job in the world. Civilians and governments alike are known to show open hostility to the media: in the United States, the presidency of Donald Trump was marred by verbal (and sometimes physical) attacks on the media by the executive branch and by his supporters. 

Human rights abuses, civil unrest, or even just documenting the comings and goings of the police in a country with an authoritarian government can lead to a journalist being detained by the government itself. The policies and procedures for what happens to a person when they are arrested change from nation to nation, and the journalist’s personal safety in custody is also a variable. Some countries are required to arraign the arrestee within 72 hours, or some can stick people in jail with no hope of a trial for however long they feel like it.

With such a variable world, how does a journalist prepare for the possibility of being arrested and detained? Here are a few best practices to execute no matter where in the world you may be.

Digital Security. The information on a journalist’s person isn’t always protected by law.  Data, voice interviews, and other sensitive items should be secured at all times.  Personal phones and computers should be equipped with two factor identification at the very least, coupled with encryption if possible. Power down all devices to enable encryption. Also, keep track of what data is stored where on your personal devices and remove all data to an external drive that would put you at risk. External drives should also be encrypted. If digital devices leave your line of sight and are returned to you later, there is a strong chance they’ve been infected with spyware as an espionage tactic.

Regularly Delete Texts And Voicemails. Points of contact for journalists are in peril in countries where freedom of the press is lacking. A journalist who is working in the field should make sure to regularly delete and update their text history and voicemails so that should their devices be confiscated, the arresting parties will not have any leads on your sources. Also, regularly clear browsing history and cache on the phone’s web browser. Anything and everything that has to do with your work as a journalist should be withheld from the arresting party as much as possible.

Secure Accounts. This gets into the realm of social media and other Internet accounts.  Passwords should not be accessible or available, two factor ID should be on when necessary, and e-mails/other kinds of communication should be regularly deleted and cleared out of the trash. Regularly back up and delete messages from all social media accounts, and keep friend lists small to whom you think will not be at risk if you are arrested. Social media gives a lot away about people, including who their contacts are, and governments may subpoena the data of your account to find out who you are and have been previously linked to.  

Know The Law

Knowing the parameters of what exactly you can be arrested and detained for in the country where you are reporting is imperative. Knowing the legal system as well is equally important, for while the government may not need a reason to detain you, in most cases, they need a reason to keep you. Also, know what your rights are upon arrest. Can you call a lawyer? Will a lawyer be provided should you be arrested? How many phone calls can you make and to whom? At which location will you be detained? How long are they allowed to hold you before they must charge you? These are all questions you can prepare yourself with before going on assignment.

Keep Important Pieces Of Communication Nearby 

Keep the number of the attorney you are in contact with on a scrap of paper or on your arm, if necessary.  Also have the number of your nation’s embassy/consulate on standby.  And also, check in regularly with contacts if you suspect there is a chance of arrest. A plan of contact will come in handy, because if you miss it due to detainment, your contacts can sound the alarm that they haven’t heard from you, and the appropriate help may be contacted sooner.

Don’t Work Alone

Again, working with another person will help sound the alarm should you be detained. Not only that, but two people navigating a dangerous situation with a common goal is a better practice overall. Additionally, working together may decrease the amount of attention you draw toward yourself when recording information about your assignment, including if you have to film law enforcement, which may draw unnecessary ire.  

Don’t Work With The Police

Any information you give the police can and will be used against you and your colleagues, even in countries with high press-freedom rankings.  Be calm and respectful, immediately ask for an attorney, and do not fall victim to police coercion techniques, such as goading you into verbal assault or admitting to something you didn’t do. In general, avoid talking to police as much as possible. Do not sign anything, especially if you do not speak/understand the local language. If the police assault you, document and keep a record of each injury, and document each officer. Look for markings such as tattoos and piercings as well as badge numbers, uniforms, or any identifying features.

For some basic resources, the Committee To Protect Journalists (CPJ) has created a Safety Kit for journalists. Otherwise, preparing and knowing what to do in the case of an arrest or detainment is tantamount to a journalist’s personal safety, and should be considered part of job training, until such time that the world has an unflinching freedom for journalists.  In other words, this preparation for arrest and detainment will always be a part of a journalist’s professional life.