F. Recording/broadcast of meetings.

In general, whether a meeting may be recorded or broadcast is left to the discretion of the particular public body. The Open Meetings law contains no guarantee or prohibition of recording or broadcast of public meetings. If a public body electronically recorded the minutes of its open meetings on or after August 8, 2001, then it must continue to electronically record all its open meetings; except that electronic recording will not be required for two successive meetings while the regular equipment is inoperable. Colo. Rev. Stat. §§ 24-6-402(2)(d.5)(I)(A) (state) and 24-6-402(2)(d.5)(II)(A) (local).

The photographing, broadcasting, televising, or recording of administrative hearing proceedings is governed in accordance with Canon 3 of the Code of Judicial Conduct. Division of Administrative Hearings Rule of Procedure 6.

At least one court has held that neither the Open Meetings Law nor the First Amendment guarantees the media any right to broadcast a public meeting. Combined Communications Corp. v. Finesilver, 672 F.2d 818 (10th Cir. 1982). The test applied was whether the potential for disruption of the meeting outweighs the benefit to the public from a broadcast of the proceedings.