Photographers' rights

[AB22 Easy Tiger]

I noticed a post on the Flickr group about a member being stopped outside the SOL and having his name and address taken.

I thought it would be useful to post a couple of links regarding police powers to do this, and the advice being given to officers of the Metropolitan Police with regard to the use of their powers under the Terrorism Act. Other forces tend to take their lead from the Met.

Photography advice
The Metropolitan Police Service’s approach towards photography in public places is a subject of regular debate.

We encourage officers and the public to be vigilant against terrorism but recognise the importance not only of protecting the public from terrorism but also promoting the freedom of the public and the media to take and publish photographs,

Guidance around the issue has been made clear to officers and PCSOs through briefings and internal communications. The following advice is available to all officers and provides a summary of the Metropolitan Police Service’s guidance around photography in public places.

Freedom to photograph/ film

Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel.

Terrorism Act 2000

Photography and Section 44 of the Terrorism Act 2000

The Terrorism Act 2000 does not prohibit people from taking photographs or digital images in an area where an authority under section 44 is in place.

Officers have the power to view digital images contained in mobile telephones or cameras carried by a person searched under S44 of the Terrorism Act 2000, provided that the viewing is to determine whether the images contained in the camera or mobile telephone are of a kind, which could be used in connection with terrorism. Officers also have the power to seize and retain any article found during the search which the officer reasonably suspects is intended to be used in connection with terrorism.

Officers do not have the power to delete digital images or destroy film at any point during a search. Deletion or destruction may only take place following seizure if there is a lawful power (such as a court order) that permits such deletion or destruction.

Photography and Section 43 of the Terrorism Act 2000

Officers have the power to stop and search a person who they reasonably suspect to be a terrorist. The purpose of the stop and search is to discover whether that person has in their possession anything which may constitute evidence that they are a terrorist.

Officers have the power to view digital images contained in mobile telephones or cameras carried by a person searched under S43 of the Terrorism Act 2000 to discover whether the images constitute evidence that the person is involved in terrorism. Officers also have the power to seize and retain any article found during the search which the officer reasonably suspects may constitute evidence that the person is a terrorist. This includes any mobile telephone or camera containing such evidence.

Officers do not have the power to delete digital images or destroy film at any point during a search. Deletion or destruction may only take place following seizure if there is a lawful power (such as a court order) that permits such deletion or destruction.

Section 58A of the Terrorism Act 2000

Section 58A of the Terrorism Act 2000 covers the offence of eliciting, publishing or communicating information about members of the armed forces, intelligence services or police where the information is, by its very nature, designed to provide practical assistance to a person committing or preparing an act of terrorism.

Any officer making an arrest for an offence under Section 58A must be able to demonstrate a reasonable suspicion that the information was, by its very nature, designed to provide practical assistance to a person committing or preparing an act of terrorism

It would ordinarily be unlawful to use section 58A to arrest people photographing police officers in the course of normal policing activities, including protests because there would not normally be grounds for suspecting that the photographs were being taken to provide assistance to a terrorist. An arrest would only be lawful if an arresting officer had a reasonable suspicion that the photographs were being taken in order to provide practical assistance to a person committing or preparing an act of terrorism.

There is nothing preventing officers asking questions of an individual who appears to be taking photographs of someone who is or has been a member of Her Majesty’s Forces (HMF), Intelligence Services or a constable so long as this is being done for a lawful purpose and is not being done in a way that prevents, dissuades or inhibits the individual from doing something which is not unlawful.

Guidelines for MPS staff on dealing with media reporters, press photographers and television crews
Members of the media can, like any other person, be stopped and searched under s44 of the Terrorism Act 2000. They may also be stopped and searched under S43 of the Terrorism Act 2000 if an officer reasonably suspects that they are a terrorist. However, where it is clear that the person being searched is a journalist, officers should exercise caution before viewing images as images acquired or created for the purposes of journalism may constitute journalistic material and should not be viewed without a Court Order.

Contact with photographers, reporters and television crews is a regular occurrence for many officers and staff. The media influences our reputation so it's crucial to maintain good working relations with its members, even in difficult circumstances.

Following these guidelines means both media and police can fulfill their duties without hindering each other.

Creating vantage points
When areas are cordoned off following an incident, creating a vantage point, if possible, where members of the media at the scene can see police activity, can help them do their job without interfering with a police operation. However, media may still report from areas accessible to the general public.

Identifying the media
Genuine members of the media carry identification, for instance the UK Press Card, which they will present on request.

The press and the public
If someone distressed or bereaved asks the police to stop the media recording them, the request can be passed on to the media, but not enforced.

Access to incident scenes
The Senior Investigating Officer is in charge of granting members of the media access to incident scenes. In the early stages of investigation, evidence gathering and forensic retrieval take priority over media access, but, where appropriate, access should be allowed as soon as is practicable.

Film Unit

The aim of the Metropolitan Police Service Film Unit is to be a central point of contact, to co-ordinate, facilitate and bring consistency to those people filming in London with MPS support.

We work together with Film London and stakeholders of the Film London Partnership to make London accessible, whilst minimising inconvenience to Londoners and increasing the economic benefits of filming.

You can see whether your local police force uses Sec 44 powers here:

http://db.riskwaters.com/global/bjp/...index_foi.html

Durham Constabulary
Declined to provide requested information
‘If information which is either connected with operational/emergency planning or tactics was released into the public domain, substantial harm would be caused to all individuals involved… The release of the requested information has the potential to damage public and employee safety and compromise la enforcement particularly in the current terrorist climate.’
2006/2007 – 5 searches
2007/2008 – 17 searches / 1 arrest

Northumbria Police
Declined to provide requested information
‘Information and intelligence gathered by third parties, for example other government bodies, may be compromised by the release of this information. Other intelligence organisations may be gathering intelligence at the time that this information is released and have their operation revealed or its effectiveness reduced.’
2006/2007 – 6 searches
2007/2008 – 24 searches / 1 arrest

[APB]

There was a bloke lifted over here for taking sunset pictures of Sheihk Zayed Bridge. There's a magazine over here aimed at expats that has a photo comp he wanted to enter. Time in a cell out here is not good

[Mercia Blackcat]

I would point out the Community Wardens, Security Guards and Town Rangers are not part of the Security Services of this country and are not covered by the act despite the false assumtion on their part that it is unlawful to take photographs of anyone wearing a uniform.

Also recovery of images that have been deleted is fairly simple and reliable provided the memory card is not used again in the meantime.

This ZAR software is free to use provided only 4 folders are used in each run which is easy enough to comply with. Even if the card is formatted the images can be reovered until actually overwritten by other images.

http://www.z-a-recovery.com/

[Marsden Mackem]

Where at the SOL was he stopped and who by? Is any of the ground and surrounds classed as private property?

I'm a member of freelance photographers and they issue advice on a card you can carry with your rights on them, is a huge issue generally in the south surprised there are issues up here.

[youmademerealise]

Originally Posted by Marsden Mackem

Where at the SOL was he stopped and who by? Is any of the ground and surrounds classed as private property?

I'm a member of freelance photographers and they issue advice on a card you can carry with your rights on them, is a huge issue generally in the south surprised there are issues up here.

er, yes of course. Whether the actual land belongs to the club maybe someone else can advise. Is the SOL freehold or leasehold from the council? The club can prevent photography inside and maybe outside the ground if they so wish I would think. But obviously common sense should be applied. And I guess if images are taken they would still need the court order to have them destroyed

As an aside, I have a Saudi Arabian friend hoping to do a book of London at night. Best of luck 'Prison vans of the Met' might be a bestseller

[The Snockerty Friddle]

http://www.sirimo.co.uk/2009/05/14/u...ers-rights-v2/
http://photorights.org/node

[Mercia Blackcat]

Originally Posted by youmademerealise

er, yes of course. Whether the actual land belongs to the club maybe someone else can advise. Is the SOL freehold or leasehold from the council? The club can prevent photography inside and maybe outside the ground if they so wish I would think. But obviously common sense should be applied. And I guess if images are taken they would still need the court order to have them destroyed

As an aside, I have a Saudi Arabian friend hoping to do a book of London at night. Best of luck 'Prison vans of the Met' might be a bestseller

Courts in this country are very reluctant to order the destruction of images even if they have been obtained though what can constitute tresspass.

Images taken on private can can consititute tresspass but not nessessarily. All that can happen is you can be asked to leave. No one has the right tot even view your images on camera except the police unter the anti terrorism act.

The only images a court is likely to order to be destroyed are those of an obscene nature.