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Section 76: Taking photos of Police to be a crime under terrorist legislation

Should taking photos of the Police be Illegal?


  • Total voters
    88
The theory above.

And here's the practice

"The police officer said “let me have a look at that picture.” I said, “No”. The police officer then said, “You’re not allowed to take photos of police officers”. I then said, “Don’t be ridiculous of course I can take pictures of police officers”. The police officer then tried to take my camera from me. "

From here: http://marcvallee.wordpress.com/2009/01/25/surveillance-police-grab-press-photographers-camera/
 
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I have suspected that this would come about. The police have been given a massive weapon with the Terrorism Act. It is almost like a diluted form of Martial Law. The act is written in such a way that a lot of interpretation is possible. This is bad law.

If the police are afraid of being photographed while going about their work then this should make us worried about how they work when not being photographed. There are many stories of police violence against demonstrators. I know someone who was kicked and bruised by a policeman resulting in broken skin while being carried away by four policeman after sitting down on a demo at the DSEI. I hear that police in an underpass beat up some demonstrators at one of the Gaza demonstrations early this month. Dixon of Dock Green was a fictional character. They are not like that now.

What is interesting is that although Britain didn't have Twin Towers type incident in earlier years we did have terrorists planting bombs throughout the country when the IRA was active all through the '70s. It was a serious danger and it affected all parts of the country. There were no draconian laws enacted on the British mainland at that difficult time.

The aim of terrorists is to create fear. They certainly seem to have succeeded in this aim among our rulers. It suits our rulers to have us frightened though. It gives them freedom to take away our freedoms.
 
This is getting beyond a joke. Surely some sort of protest is called for.

Not that they'll pay a blind bit of attention.

10,000 cameras outside Scotland Yard, something like that.
 
Comments form the article:
This policeman’s reaction may not be ridiculous anymore come Feb 16.
That’s the date when Commencement Order No 2 brings into force several sections of the Counter Terrorism Act 2009 including Section 76 ‘Offences relating to information about members of armed forces etc’. There’s a “reasonable excuse” defence and it would make sense for this to apply in the case of photojournalists, but is common sense enough? And what about non-professional photographers?
And then there's this idiot:
To be fair a policeman or anybody for that matter should be allowed to see the image. Justin should have just showed him rather than be an obstacle, what gives him the right to say no? If I’m caught on CCTV in a city center I have a right to see what they have recorded of me and I can make such a request to view it, so if we are going to go down that road of whose rights are being affected it is only fair for the plod in this case as well to see what he got on camera.

Removing it from the camera is a different matter however. I have built up a decent relationship with the Police in Swansea and while I’m on the street I have been able to get to know them and them know me but when we have the chance we also talk casually about photography and photographing them. It is a reminder they are also human and are liable to make mistakes. Though as time goes by I wonder how many of them are listening to these kinds of incidents.
I can think of no reason why the cop should be able to demand to see the photo.
 
Comments form the article:And then there's this idiot: I can think of no reason why the cop should be able to demand to see the photo.

If I take a picture of a police officer, he is quite free to request a copy if he sends me the proper paperwork.

This whole "let me see your camera" thing is more like kids saying "let's see your phone". In neither case would I expect to get it back.
 
Actually, let's start one. The bill's going to be law on Feb 16 apparently, so that's a good date for it. Something like "on February 16th I will take a photograph of a police officer or other person defined in section 76 of the Counter-Terrorism Act 2008 and post it to <Flickr group X>".
 

After a bit of time I think the police officer realised he was in the wrong trying to forcibly take my equipment from me. He then got very close to me, way into my personal space, and said again “you shouldn’t have taken that photo you were intimidating me”. I think that if Marc had not been there taking these photos the situation could have ended very differently.

By using those [highlighted] words, I suspect the police officer was preparing to make an arrest under Section 5 of the Public Order Act 1986.

5. Harassment, alarm or distress. — (1) A person is guilty of an offence if he—
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

See it in action...

http://uk.youtube.com/watch?v=lC7b9zLlK_4
 
If this is true it's ridiculous.

I have some degree of sympathy for police officers who have cameras stuck in their face whilst trying to carry out their job, especially when the results are put up on youtube so that people can laugh at their every mistake or misjudgement. I don't think anyone would want this to happen to them whilst doing their job and making the mistakes anyone makes now and again.

But that's not a justification for this. They are after all public servants and are supposed to be acting on our behalf.

I'm increasingly inclined to agree that the Counter Terrorism Act(s) are being used beyond what should be their remit.

Apart from anything else, this is liable to be counter-productive for the police because it will just feed into the hands of those who want to portray them as routinely acting out of order.
 
If this is true it's ridiculous.

The act is here: http://www.opsi.gov.uk/acts/acts2008/ukpga_20080028_en_9#pt7-pb3-l1g76

and the text is
76Offences relating to information about members of armed forces etc
(1)After section 58 of the Terrorism Act 2000 (collection of information) insert—
“58AEliciting, publishing or communicating information about members of armed forces etc
(1)A person commits an offence who—
(a)elicits or attempts to elicit information about an individual who is or has been—
(i)a member of Her Majesty’s forces,
(ii)a member of any of the intelligence services, or
(iii)a constable,which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or
(b)publishes or communicates any such information.
(2)It is a defence for a person charged with an offence under this section to prove that they had a reasonable excuse for their action.
(3)A person guilty of an offence under this section is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both;
(b)on summary conviction—
(i)in England and Wales or Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(ii)in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.
(4)In this section “the intelligence services” means the Security Service, the Secret Intelligence Service and GCHQ (within the meaning of section 3 of the Intelligence Services Act 1994 (c. 13)).
(5)Schedule 8A to this Act contains supplementary provisions relating to the offence under this section.”.
(2)In the application of section 58A in England and Wales in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) the reference in subsection (3)(b)(i) to 12 months is to be read as a reference to 6 months.
(3)In section 118 of the Terrorism Act 2000 (c. 11) (defences), in subsection (5)(a) after “58,” insert “58A,”.
(4)After Schedule 8 to the Terrorism Act 2000 insert the Schedule set out in Schedule 8 to this Act.
 
"eliciting information" is a rather open-ended expression.

If I look at them, or look at their badge number, I am eliciting information. As much as I am if I am filming the same.
 
The big problem with this law, like Section 58 of the Terrorism Act 2000 which it amends, is that it's drawn so broadly.

There's no requirement for proof of intent, merely that the gathering or publication of information "which is of a kind likely to be useful to a person committing or preparing an act of terrorism"

The only defence of a 'reasonable excuse' puts the onus on the defence to prove that they were not committing a crime, rather than on the prosecution to prove that a crime was committed. In practical terms, you have to prove your innocence.

We have an example of where this can lead with last year's case of a Nottingham University student, who was arrested for possession of dodgy material (relevant to his Thesis) and released after nearly a week.

http://www.theregister.co.uk/2008/08/15/nott_uni_update/

Following Mr Sabir’s release, the police wrote to him. Allegedly, they warn that he risks re-arrest if found with the manual again and add: "The university authorities have now made clear that possession of this material is not required for the purpose of your course of study nor do they consider it legitimate for you to possess it for research purposes."

Mere curiosity, political interest or even direct relevance to the topic of your research is not a reasonable excuse, according to Nottinghamshire Police, only a University sanctioned course requiring you to possess it suffices.

A couple more Guardian stories, with more background

http://www.guardian.co.uk/education/2008/may/24/highereducation.uk
http://www.guardian.co.uk/uk/2008/jun/11/uksecurity.terrorism

Now this is at the higher legal level at the point where the CPS will be getting involved.

We've seen how s44 is used on a day-to-day basis and how little the police like being observed and recorded even in the absence of law prohibiting it.

It seems all too obvious how it's going to be used on the street :hmm:
 
Why before the 16th? No offense but would it not be a better idea to get a mass of people taking pictures on or after the 16th?
 
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