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UK photographers: the law and your rights: discussion

More photography laws?


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Pretty sure that this has been posted here before but its well worth printing out and having with you when snapping...

http://www.sirimo.co.uk/ukpr.php

There is a vid on you tube that shows the two PCSO's on Oxford street harrassing a guy who is filming and then backpeddling as they realsie that he clearly knows the law a lot better then them:)
 
Poor little cop being caused alarm, harassment and distress because he's being filmed.


Awwww..... Dudums :D

What a fucking wanker :D
 
he had been taking pictures of 'sensitive buildings'.

Building One: Oh no, he's taking a photo, but my bum looks so big todays please stop him.

Building Two: I'm not going over to stop him. I haven't got any make up on.


(((Sensitive Buildings)))
 
gchq.jpg


GCHQ Cheltenham

About as sensitive a building as it's possible to get .

London Tube map of potential use to terrorists.

Damn you internetz for all of your help to terrorists. Damn you to hell

<starts campaign to have internet banned for the safety of the publlic>


<burns hard-drive>
 
Go to a Spurs home match where the Met think that there might be trouble and you will see numbers taped up plenty.

One of which harressed the fuck out of my asthmatic mate cuase he was having trouble breathing and trouble with his bad leg. To the extent of pushing him to the ground repeatbly for nothing.

Both times Cardiff played there loads of coppers hid their numbers. Cardiff fans are well known for filming police indiscrections for use as evidence in court and they know it.
 
detective-boy said:
Edit: Removes sensible answer as it is apparent you are intent on trolling with longdog and it is a waste of time.

DB - saying that cops regularly remove their numbers on demos isn't "trolling", it's stating the truth.
 
Both times Cardiff played there loads of coppers hid their numbers. Cardiff fans are well known for filming police indiscrections for use as evidence in court and they know it.
I've seen that happen more than once at City games, and I've also had officers refuse to give me their number when asked.

Sorry, D-B, but these are the facts.
 
The police are going to get new guidelines about section 44 (& 43) searches under the Terrorism Act, including a section on dealing with photographers.

Part of which is this:

If officers reasonably suspect that photographs are being taken as part of hostile terrorist reconnaissance, a search under section 43 of the Terrorism Act 2000 or an arrest should be considered. Film and memory cards may be seized as part of the search, but officers do not have a legal power to delete images or destroy film. Although images may be viewed as part of a search, to preserve evidence when cameras or other devices are seized, officers should not normally attempt to examine them. Cameras and other devices should be left in the state they were found and forwarded to appropriately trained staff for forensic examination. The person being searched should never be asked or allowed to turn the device on or off because of the danger of evidence being lost or damaged.
which has caused some concern because it doesn't mention the 'special procedures' which apply to journalistic material under PACE, but as far as I can see these actually only apply to search warrants, not stop-and-search. Anybody interpret this differently?

Worth noting that journalists mostly didn't want these special privileges in the first place anyway.
 
It's a lot worse without the underlying guidance on s43, which it's easy to forget is a search for "evidence of liability to arrest under Section 41", which means that it should only be used when "based on reasonable suspicion that the person is a terrorist, the purpose of the search is to discover evidence that the person is a terrorist"

We'll see.
 
Took some photo's at a works christmas party hosted at a local pub, and one of my colleagues - who was drunk at the time, got quite annoyed with me when I later printed some off, saying I broke the law as I didnt have her consent. Is there any truth to that?
 
Not unless you were using the prints for the purposes of commercial advertising, for the purpose of sexual arousal (invasion of privacy if they were 'upskirt/downblouse' shots or of a minor - unlikely in a pub) or in planning an act of terrorism.

Outside chance of a harassment case, if it's part of a repeated behaviour, or Breach of the Peace if you're in Scotland.
 
Took some photo's at a works christmas party hosted at a local pub, and one of my colleagues - who was drunk at the time, got quite annoyed with me when I later printed some off, saying I broke the law as I didnt have her consent. Is there any truth to that?

no, basically
 
Latest development:
Taking photographs of police officers could be deemed a criminal offence under anti-terrorism legislation that comes into force next week. Campaigners against section 76 of the Counter-Terrorism Act 2008, which becomes law on Monday, said it would leave professional photographers open to fines and arrest.

The National Union of Journalists and the British Press Photographers' Association said the law would extend powers that are already being used to harass photographers and would threaten press freedom. Hundreds are due to converge on Scotland Yard on Monday in a mass picture-taking event organised by the NUJ.

Under section 76, eliciting, publishing or communicating information on members of the armed forces, intelligence services and police officers which is "likely to be useful to a person committing or preparing an act of terrorism" will be an offence carrying a maximum jail term of 10 years.

Marc Vallee, a photojournalist who specialises in covering protests, said photographers were frequently harassed by police using stop and search powers under section 44 of the Terrorism Act 2000. The new powers would be too vague to prevent abuse.

He said: "They will now be able to arrest you if a photograph could potentially incite or provoke disorder. But isn't that any protest?"

http://www.guardian.co.uk/media/2009/feb/12/photographers-anti-terror-laws
Protest on 16th Feb: http://www.urban75.net/vbulletin/showthread.php?t=279735

Discuss the issues here: http://www.urban75.net/vbulletin/showthread.php?t=278280
 
This is getting fucking silly.
It sounds more like a police state every time I read the next bit of the thread.

I may be visiting the UK next summer and I dispair what my wife will think of the place.
Sorrry sayang, can't take a photo of downing street/Westminster/a dog in the street in case they think your a terrorist.
No, not in a park. If there are kids about some daft cunt is sure to suggest you are trying to shag them.
What, photograph a london bobby? Fuck me no. It's a 48 grilling and deportation for that one.

Why do you put up with that shit over there?
 
Sorry, i know this is meant to be a thread about the UK, but i thought you might be interested in this infuriating-yet-somehow-amusing story from the US.

Short version:

A guy was detained then arrested by Amtrak Police for taking photos on a public platform in New York City's Penn Station.

The funny bit: he was there to take pictures to enter in an Amtrak "Picture Our Train" photography competition.

Story and video here
 
I thank, belatedly, m'learned friend for drawing my attention to that very wonderful speech.
Cheers. I'm finding the online access to old Hansard very enlightening, especially that the same debates happen again and again, and always the police are congratulated with more powers, even when everybody admits they were in the wrong. Deja vu:

"LORD KILBRACKEN: Finally, as the police advanced on the demonstrators, I myself saw a television crew who attempted to shoot the sequence. Immediately a constable approached and, in my hearing, said that they had already been warned, and if they attempted to shoot a foot of film they would be arrested. This was a crew from Independent Television."

"LORD KILBRACKEN: I had to keep moving, and it was very noticeable that a number of people, who were seen writing down numbers of constables, were immediately arrested for that reason. I did not want that to happen, and that is why I did not succeed."

http://hansard.millbanksystems.com/lords/1961/oct/19/police-action-at-trafalgar-square
http://hansard.millbanksystems.com/commons/1961/oct/17/demonstration-trafalgar-square-police
http://hansard.millbanksystems.com/written_answers/1962/jul/24/trafalgar-square-meeting

And on the currently much talked about subject of eliciting information of use to the enemy:

"EARL RUSSELL: Personally I have little doubt that almost everything could be made an offence under the Defence of the Realm Act. To stand and look at a view if that view were a fortification would be an offence under the Act. [...] These large powers have been entrusted to His Majesty's Government with universal consent. We are all perfectly willing to submit to dictatorship and tyranny for the purpose of the prosecution of the war, but that is no reason why we should not keep an eye upon the particular powers exercised and question whether they are being exercised reasonably and intelligently. [...] While everybody is willing that autocratic powers to an unlimited extent should be exercised where necessary, we all want them to be exercised reasonably; and we should not make ourselves ridiculous by putting them in force in an unreasonable way against persons who are doing something which is perfectly harmless."

"LORD LUCAS: A man may represent himself as a reporter, and say that he is coming to collect information for the newspaper which he represents. But if it is of importance that information on the particular subject should not-get to the ears of the enemy, far the best and most effective way is to prevent the information being collected, and for that purpose the words "attempting to elicit any information" have been specially put into the Regulations. When it comes to dealing with information of this kind, by far the safest way is to take steps that people shall be deterred from coming round and attempting to get it."

http://hansard.millbanksystems.com/lords/1915/may/04/military-prosecutions-of-journalists
 
A guy was detained then arrested by Amtrak Police for taking photos on a public platform in New York City's Penn Station.

The funny bit: he was there to take pictures to enter in an Amtrak "Picture Our Train" photography competition.

Did he get any pictures of the egg on their faces?
I'll bet the cops got a right bollocking over that one.

Back to thread. how is it that the UK government can get away with a law so open to be used however the police (or an individual cop) feels at the time?

Wording like that could easily allow a cop caught with his trousers down the right to arrest the press photographer and keep him locked up while the evidence is accidentally lost.

Sorry UK government, but you really are acting like some right wing police state.
 
Back to thread. how is it that the UK government can get away with a law so open to be used however the police (or an individual cop) feels at the time?
They got away with it in Northern Ireland for 86 years.

(possibly with some gaps)
 
In the UK, are we allowed to take photos of military places, Scotland Yard, MI6, airports etc or are some places (or parts of them) restricted?

Depends if you cant take photos normally have a notice up saying you cant because of the official secrets act .Or someone will come and tell you you cant .And if its particulary secret can detain you ,but,probably have to trespass to find something that secret .
 
It was discussed in Parliament on Wednesday:
1 Apr 2009 : Column 262WH
Photography (Public Places)

11 am

Mr. John Randall (Uxbridge) (Con): I am grateful for the opportunity, given by Mr. Speaker, to raise this important issue. This is the first time that I have seen you in the Chair in this Chamber, Mr. Bercow, and it is a great but slightly overdue honour to sit under your chairmanship. I see that the Minister is now in his place.
For me, this is a difficult subject in many respects, because I have sympathy with both sides of the argument, as I shall discuss, but first, let me give the Minister some background. As a student, I spent a lot of time in eastern Europe, where much photography anywhere near anything considered strategic was not only frowned upon, but policed rigorously. I am also a keen birdwatcher, as some hon. Members will know, so I am not unaware of the problems of going into sensitive areas armed with optical equipment of various sorts.
Some important issues have come to the fore lately, and there are three main threads that I want to address, the first of which is the taking of photographs in public places by amateurs, which initially drew the matter to my attention. Many of the arguments that I shall make on that point, and many of those against it, have been changed by the recent advent of Google Street View, which is the second issue. I hope that I have enough time to address the final issue, which is the journalistic angle on taking photographs in public places.
Let me now discuss amateur photographers going out and about in our public places and taking photographs. Many colleagues have come to me since I secured the debate to tell me about incidents similar to the one I shall describe, and I have several examples from my constituency. Last summer, a well-known local business man, Mr. Alberto Wusche, who has a thriving business on Windsor street in Uxbridge, took photographs of properties that he thought were in bad repair, which he wanted to pass on to the council. He had not noticed, but in front of one of those buildings was a police car containing police community support officers, who had parked on a double yellow line as they popped into a sandwich bar to get a no-doubt well-earned sandwich. It appears that they thought the photograph was going to be used in evidence against them for parking on a double yellow line.
Parking in Windsor street has always been a hot issue and has perplexed me for many a year while I have been here. One of the PCSOs went over to Mr. Wusche—he probably will not mind me telling the Chamber that he is in his 70s and has been a model citizen all his life, having fled fascist Italy—and told him that he must immediately delete the photographs. When Mr. Wusche asked why, he was handed a notice and pretty much cautioned. That upset him a great deal, and I understand why.
Another incident involved Mr. Lee, who has just come out of the RAF. He was stopped taking photographs outside the Chimes shopping centre by another PCSO, who ran a police check over the radio and handed Mr. Lee a leaflet on terrorism. Mr. Lee said:

  • “I have just come out of the Royal Air Force after serving 19 years and to be questioned in public for doing nothing wrong left me extremely upset.”
I think we would all be upset by such a thing.

1 Apr 2009 : Column 263WH
When I started looking into the matter, a number of incidents were related to me. My son told me that a year or so ago, when he was still at school, a fellow pupil was questioned for taking photographs at Moor Park underground station for his art project, and his school was called to get his bona fides. I found another case on the internet of a young lad called Fabian Sabbara, who was stopped when taking photographs—in his school uniform—for a school project.
Mr. Andrew Pelling (Croydon, Central) (Ind): May I add to the hon. Gentleman’s list of incidents? I was stopped and searched on suspicion of terrorism for taking pictures of roadworks near East Croydon station, as he will probably be aware, and I showed my identification as a Member of Parliament. It would be a particularly audacious terrorist who disguised himself as a Member of Parliament, given that there are a limited number of them and they can be easily identified. Is not this ultimately a waste of police time when they should be concentrating on other issues?
Mr. Randall: As a Whip, I am tempted to say that I am suspicious of all fellow MPs, but seriously, I find it concerning that such action was taken against the hon. Gentleman. We had bombs in Uxbridge during the IRA problems, as well as a variety of terrorist incidents, so I am acutely aware of the potential for terrorism, particularly in shopping centres such as the Chimes shopping centre in my constituency. We have to look out for such things, but common sense seems to have escaped police officers—or, very often, PCSOs—in some of the cases that have been mentioned.
Hugh Bayley (City of York) (Lab): I congratulate the hon. Gentleman on provoking the debate and I am alarmed to hear of someone being stopped for taking pictures in a tube station. I seem to have had a lucky escape, because I had intended to submit a photograph of a billboard in a tube station to a parliamentary photographic competition. I strongly agree that the ability to document what happens in this country through writing and photography is a fundamental civil liberty. Does he agree that countries that impose restrictions on that freedom show that they do not share the democratic values that are so important to this country?
Mr. Randall: That is exactly the point that I have been trying to make. I am not surprised that the hon. Gentleman, with his surname, has been involved in the all-party group on photography.


Discussion continues: http://www.publications.parliament.uk/pa/cm200809/cmhansrd/cm090401/halltext/90401h0005.htm
 
Here's an important part:
The Parliamentary Under-Secretary of State for the Home Department (Mr. Shahid Malik):

The second issue concerns the new offence in section 58A of the Terrorism Act 2000, which was inserted by section 76 of the Counter-Terrorism Act 2008. It makes it an offence to elicit, attempt to elicit, publish or communicate information about an individual who is or has been a constable, or a member of the armed forces or intelligences services. The information must be of a kind that is likely to be useful to a person committing or preparing acts of terrorism. It has been suggested that the new offence could criminalise people taking or publishing photographs of police officers. A photograph of a police officer may fall within the scope of the offence, but would do so in only limited circumstances. The offence is designed to capture terrorist activity directed at members of the protected groups, which, sadly, we know occurs.

An offence might be committed, therefore, if someone provides a person with information about the names, addresses or details of car registration numbers of persons in the protected groups. The important thing is that the photographs would have to be of a kind likely to provide practical assistance to terrorists, and the person taking or providing the photograph would have to have no reasonable excuse, such as responsible journalism, for taking it.

I can assure my hon. Friend the Member for City of York (Hugh Bayley)—York is a great city—that had he taken a photograph of a billboard in an underground station, he would have been on safe ground. I hope that the incident did not cost him the prize for being the best MP photographer in that year.

I want to be clear about this: the offence does not capture an innocent tourist taking a photograph of a police officer, or a journalist photographing police officers as part of his or her job. It does not criminalise the normal taking of photographs of the police. Police officers have the discretion to ask people not to take photographs for public safety or security reasons, but the taking of photographs in a public place is not subject to any rule or statute.

There are no legal restrictions on photography in a public place, and there is no presumption of privacy for individuals in a public place.

My hon. Friend the Minister for Security, Counter-Terrorism, Crime and Policing has said that we will issue all police officers and forces with a circular on the new offence. It will set out the policy intentions behind the offence and make it clear that it does not criminalise legitimate photographic or journalistic activity. The circular will be discussed with interested parties before it is issued.

Designated areas may cover any area. They may, for example, cover a town or a borough. They must be approved by the Secretary of State, and, prior to that, by the Director of Public Prosecutions.

http://www.publications.parliament.uk/pa/cm200809/cmhansrd/cm090401/halltext/90401h0005.htm
 
If you're standing on a public highway, sure. The law is basically, "you can photographs whatever the fuck you like so long as you're not on someone else's private property."

Finsbury Avenue in EC2M is apparently a private estate and no-one is allowed to take photos of the buildings there. You can walk through it and sit in it and be in it, but you can't take photos.

I was moved on yesterday by a security guard and when I asked why am I not allowed to take photos he simply said "terrorism". I don't quite get it, but I didn't want my camera confiscated so I slowly backed away from him, hoping he wouldn't suddenly become a feral zombie or something and went elsewhere to take photos!

Which is a shame because there are some seriously amazing shots to be taken there!
 
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