Government offers no relief
A letter by the Home Secretary has sparked outrage, as Jacqui Smith allows the police to restrict photography in public places under certain circumstances. Olivier Laurent reports
Home Secretary Jacqui Smith has shocked photographers by upholding the police's right to restrict photography in public places, despite confirming that there are no legal restrictions on the work that photographers and journalists can do in the public realm.
Smith made her comments in a letter dated 26 June and sent to Jeremy Dear, the National Union of Journalists' secretary general, in response to his correspondence expressing concern at police surveillance of journalists and photographers. Smith confirmed that there are no legal restrictions on the work that photographers and journalists can do in public, but added that local chief constables were allowed to restrict or monitor photography in certain circumstances.
'First of all, may I take this opportunity to state that the Government greatly values the importance of the freedom of the press, and as such there is no legal restriction on photography in public places,' Smith wrote. 'Also, as you will be aware, there is no presumption of privacy for individuals in a public place.
'Decisions may be made locally to restrict or monitor photography in reasonable circumstances. That is an operational decision for the officers involved based on the individual circumstances of each situation. It is for the local Chief Constable, in the case of your letter the Commissioner of the Metropolitan Police Force, to decide how his or her officers and employees should best balance the rights to freedom of the press, freedom of expression and the need for public protection.'
Smith added that the Home Office does not produce guidance on photography in public places and has not produced any specific guidance for (Forward Intelligence Team) officers, a particular concern of Dear's (BJP, 28 May 2008). 'I recommend, therefore, that the questions in your letter are best put to the Commissioner,' she advised.
Smith's letter was the standard reply sent to photographers concerned about their right to work freely in public places. MP Tony McNulty, the current Minister of State for Security, Counter-Terrorism, Crime and Policing, for example, sent the same letter to members of the Bureau of Freelance Photographers. He also added that local restrictions on photography could be imposed 'to protect children'.
Comment declined
The Home Office declined to comment further, but confirmed that Dear and freelance photographer Marc Vallee will be able to meet with McNulty in the next couple of months. 'We are pleased that they will meet us to talk about this issue, however, we are very concerned about the part (in the letter) that seems to suggest that local police officers can put restrictions on photographers' rights when they are covering protests or others events,' Dear said. 'This contradicts what we were told until now. We will request further details and register our great concerns.'
'This seems to be yet another cop-out by the government,' John Tracy, chief executive of the Bureau of Freelance Photographers told BJP. 'Firstly, it doesn't specifically address the NUJ's primary concern, which was the surveillance of press photographers going about their lawful work. Indeed, while stating that "it greatly values the importance of the freedom of the press", the Home Office letter seems to give the green light to the police to continue to monitor and photograph journalists and photographers covering public events.
'The fact is, as the Home Office recognises both in the letter to the NUJ, and in the standard letter being sent by McNulty, there is no restriction on taking photographs in public places. Indeed, the Home Office seem to be using this fact to justify as a legal activity the photographing of press photographers, presumably for intelligence purposes, going about their lawful work,' he added. 'Yet, if the government does indeed "value ... a free press", why is it considered necessary to place journalists and photographers under surveillance?'
Edict
Tracy called for the Home Office to issue an edict to all chief constables reminding them that photography is legal and that, except in exceptional circumstances, their officers should not prevent photographers from taking pictures in public places. 'As far as this problem is concerned, until officers are reminded of the law by their superiors, some will continue to think it acceptable to harass photographers in this way.'
In an earlier statement to BJP commander Bob Broadhurst, who is in charge of Public Order Policing at the Metropolitan Police, said: 'I have personally met with various representatives from bodies who represent the interests of photographers and have sought to protect their rights to do their job through educating colleagues within the Met. Before every operation all our staff are briefed as to the rights and role of the media and wherever operationally possible to facilitate them.'
The Met Police did not return calls for further comment and seems unwilling to discuss photographers' concerns. In April a meeting between Met representatives and a group of representatives from the BPPA, to discuss allegations that police officers obstructed photojournalists covering the Olympic torch relay in London on 06 April, was cancelled. It has yet to be rescheduled. On 28 March the Met refused to accept a hand-delivered letter from Dear, protesting about worsening relations between police and press photographers. The Met asked for the letter to be posted, and has so far left it unanswered.
Protest
BJP invites readers to write to their local chief constables to enquire about restrictions imposed on public photography in their areas. A sample letter can be found here. BJP also recommends that photographers support Austen Mitchell's Photography in Public Areas motion (see panel, below).
'BLUE CARD'
The Bureau of Freelance Photographers has issued members with a card detailing photographers' right to shoot in public places. The 'Blue Card' is small enough to be slipped into a pocket, is written in simple language and has been legally validated.
'We feel that the card, if used with tact and discretion, may have the desired effect of emphasising to an officer the fact that photography in public places is a legitimate and, in 99 cases out of 100, legal activity,' says Bureau chief executive John Tracy.
For further information, visit www.thebfp.co.uk.
AUSTIN MITCHELL'S EARLY DAY MOTION
More than 230 MPs have now signed an Early Day Motion introduced by Austin Mitchell to protect photographers' rights.
The Photography in Public Areas Motion calls for 'The Home Office and the Association of Chief Police Officers to agree on a photography code for the information of officers on the ground, setting out the public's right to photograph public places, thus allowing photographers to enjoy their hobby without officious interference or unjustified suspicion'.
BJP advises its readers to petition their MPs to support Mitchell's Early Day Motion and bring the issue to their attention. Visit tinyurl.com/4ww64z to check if your MP has signed the motion.
