On 09 July 2009, the Metropolitan Police issued a series of guidelines for its police officers that highlighted the rights of photographers when stopped by police forces in the streets of London. But, less than 24 hours later, the guidelines were deemed flawed by a media law expert speaking to BJP.

While the Metropolitan Police's guidance made it clear that public photography was legal and shouldn't be restricted with the use of anti-terrorism legislation such as the Terrorism Act 2000, the guidelines did not point out that police officers have no right to delete or to ask a photographer to delete images.

Speaking to BJP back in July, Rupert Grey of media law firm Swan Turton, said: "Nowhere is it stated that officers do not have power to delete images or confiscate data cards without a court order. It is not enough just to say that they have the power to seize and retain articles on the basis of reasonable suspicion.'

The new guidelines now state: "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."

As for Section 58A of the Terrorism Act 2000, which makes it a crime to take images of police officers and armed forced for terrorism purposes, the Metropolitan Police has strenghtened its caution against the use of the powers to restrict public photography. While the original guidelines said that "it should ordinarily be considered inappropriate to use Section 58a to arrest people photographing police officers", the new guidance says that such use would be "unlawful".

An arrest would only be lawful, the guidelines read, "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."

The guidelines can be found on the Metropolitan Police website.

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