Committee conferencing and webcasting protocols

Tunbridge Wells Borough Council is committed to making sure residents and businesses can engage in the decisions that affect their lives and communities.

Along with the continuing rise in social media use, the webcasting of council meetings is now well-established and common place. It means that communities can view and scrutinise the democratic business of their council as it happens.

A webcast is a live or recorded transmission on the internet. It is not edited prior to broadcast and can be viewed by anyone with access to the internet, both during the live broadcast and ‘on-demand’, for as long as a council makes it available on their website.

Broadcasts and recordings are primarily for the benefit of interested parties who are not able to attend the meetings in person. As well as increasing the accessibility and transparency of council meetings, they help provide an accurate record of what was said and done at a meeting.

Although recordings do not replace the formal minutes of the meeting which remain the official record, they allow the minutes to focus more on what was done and why, rather than who said what.

The following public parts of these meetings will be webcast:

• Full Council
•  Cabinet
•  Communities and Economic Development Cabinet Advisory Board
•  Finance and Governance Cabinet Advisory Board
•  Planning and Transportation Cabinet Advisory Board
•  Audit and Governance Committee
•  General Purposes Committee
•  Licensing Committee
•  Licensing Sub Committee (as appropriate)
•  Overview and Scrutiny Committee
•  Planning Committee
•  Joint Transportation Board

Some reports under consideration at a meeting may contain information which is confidential or exempt from public disclosure and may only be discussed in private session. These sessions will be audio recorded to assist with minute taking but will not be available to the public. Exempt information must only be discussed in a properly arranged private session (usually at the end of the meeting) even when there is no public attendance on the day.

A ‘Motion’ to move into private session must be raised and voted upon publicly. Everything after that point will not be publicly broadcast but will be audio-recorded to assist with minute taking.

Those attending meetings will be informed in advance of the intention to record and broadcast the meeting with the recording available for playback online afterwards. This disclosure in advance is helpful in avoiding any issues on the day.

The Council will, as standard, include notifications on its meeting agendas, website and in other public notices relating to meetings. The published webcasting notice is as follows:

The process of voting is the same in a broadcast as in any other public meeting. Webcasting should simply be seen as an extension of the ‘openness’ of meetings which are already, by definition, in the public domain.

The Council’s Constitution refers to the recording of meetings and states:

As meetings of the Council are manifestly public, attendance at these meetings implies that your personal data will be made publicly available by Tunbridge Wells Borough Council. Any personal data with higher protections such as sensitive personal data about attendees should not be discussed at any public meeting, broadcast or otherwise.

The Freedom of Information Act does not apply to broadcasts as it only applies to information which is not already in the public domain. If people request information under the FOI act which has been broadcast or is available on the website through the meeting archive the Council will direct individuals to where the information can be found.

The Openness of Local Bodies Regulations 2014 gives members of the public the right to record and report on the Council’s public meetings, provided it does not disturb the good order of the meeting. Under normal circumstances, the Council has no ability to stop the public from making their own recordings or using those recordings in a way the Council may not like, but by providing its own webcast or audio recording the Council can prove a definitive version of proceedings.

Third-party recording equipment should be discreet but not hidden.

The Chair of the meeting has the power to suspend or terminate any third-party recording if it is causing a disturbance to the proceedings, but that power should only be used as a last resort.

The Council is the ‘author’ of the webcast whether live or archived. As such, the Council owns copyright.

However, it is unlikely that a council would invoke the law if the broadcast is used for legitimate and positive purposes such as information or training. If a broadcast is used inappropriately, for example for political or satirical purposes the council could take legal action. Video sharing websites such as YouTube and Google Video already actively state in their terms and conditions that you must be the copyright owner and have the permission of all those involved in order to upload videos to their sites.

The Chair may suspend the meeting for the following reasons:

1. Public disturbance or other suspension of the meeting;
2. Exclusion of public and press being moved and supported;
3. Any other reason supported by the Council/Committee.

The role of the Chair is also to notify those present that the meeting is being recorded. This is done by the Democratic Service Officer on behalf of the Chair as part of the procedural matters. The statement that will be used is as follows:

“Tunbridge Wells Borough Council broadcasts public meetings live online, including this Committee meeting. The webcast will be available to view from the Council’s website.

Can I please remind both officers and councillors to ensure that your microphones are switched on before addressing the Committee. Please ensure that you speak clearly and directly into the microphones. Any comments that are not recorded for the broadcast will not be included in the minutes of the meeting.

You should all be aware that any third-party is able to record or film council meetings unless exempt or confidential information is being considered. If there is anyone else intending to record the meeting today, could I please ask you to let the Committee Administrator know now. The Council will not accept liability for any third-party recordings.”

Recordings provide an increased opportunity to improve engagement, transparency and openness, but they also carry risks. Such as:

• your exact words will be part of the public record
• it is important that you are careful to not say anything in public about a person that could be taken to be derogatory or defamatory
• members of the public have certain rights to privacy even if they choose to speak at a public meeting where their comments and personal data are made public by themselves
• you should also avoid commenting on a person’s personal circumstances or giving out private information such as where they live.

To ensure trust in the integrity of the process, webcasts will not be edited unless authorised by the Council’s Monitoring Officer.

Speak clearly
Speak directly into the microphones but there is no need to shout. Short, concise statements have more impact and are easier to understand than long speeches.

Be aware of the audience outside the room
Treat meetings as if the public or press are present, even if they are not in the room.

Use the microphones
If your microphone is not turned on when you are speaking, your comments will not be recorded. This may cause awkward pauses in the recording and important comments may be missed. Don’t forget to turn the microphone off when you have finished in case it picks up unintentional comments as well.

Be mindful in what you say
The recording is an opportunity for the public to hear your exact words and how you say them. Webcasts will not be edited unless authorised by the Council’s Monitoring Officer.