
I don’t normally bang on about this sort of stuff, but for the last couple of years the harassment of ordinary people taking photographs has been something that was on my radar as a worrying trend on which to keep an eye.
During this time I’ve read numerous articles describing how the police have been misusing their powers to delete people’s photographs and interfere with them under the blanket of the Terrorism Act, train-spotters and plane spotters, even tourists having their holiday snaps removed. The fact that they aren’t allowed to do this doesn’t seem to matter when social compliance gets involved in the issue, people just see the uniform and get intimidated into doing whatever the police want them to do.
Why does this bother me? Well I’m certainly not a hippy type nor am I really fussed about public protest and all that malarky, but I’m certainly the type to whip out a camera and take photographs of things, mostly for this blog and sometimes just for general amusement. I generally have a digital camera with me or at least my mobile phone and I don’t want to get into the situation where I have to have an argument with a police officer because I want to photograph the late trains or whatever.
Anyway the good news is that some sense seems to be finally prevailing. The Met have just published more guidance to their officers basically explaining what they can and can’t do, it’s well worth reading through and knowing your rights. Personally I’ve only had good experiences with the police but it never hurts to know your rights.
Here’s a copy of the Met’s Photography advice taken from Here :
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.
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.
Photography and Section 43 of the Terrorism Act 2000
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 they have in their possession anything which may constitute evidence that they are 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 involved in terrorism.
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.
Any officer making an arrest for an offence under Section 58a must be able to demonstrate a reasonable suspicion that the information was of a kind likely to be useful to a person committing or preparing an act of terrorism.
It should ordinarily be considered inappropriate to use Section 58a to arrest people photographing police officers in the course of normal policing activities, including protests, as without more, there is no link to terrorism.
There is however 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.