Section 76 ignites new debate
Photographers are gathering to denounce a new terrorism act, set to become law next week, which could fuel the ongoing tensions between them and the police. Olivier Laurent reports
© Carlo Nicora/fchouse.com
The National Union of Journalists, in association with BJP, has called for photographers to make their voices heard at a rally on 16 February as a new law is introduced that allows for the arrest - and potential imprisonment - of anyone who takes pictures of police officers 'likely to be useful to a person committing or preparing an act of terrorism'.
Set to become law on the same day, the Counter-Terrorism Act 2008 amends the Terrorism Act 2000 regarding offences relating to information about members of armed forces, a member of the intelligence services, or a police officer.
The new set of rules, under section 76 of the 2008 Act and section 58A of the 2000 Act, will target anyone who 'elicits or attempts to elicit information about (members of armed forces)... which is of a kind likely to be useful to a person committing or preparing an act of terrorism'.
A person found guilty of this offence could be liable to imprisonment for up to 10 years, and to a fine.
The Home Office argues that the Terrorism Act 2000 already makes it an offence to 'collect or make a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism' and that the new law will not change anything. However, photographers fear that the Counter-Terrorism Act will, by explicitly mentioning constables, give more power to police officers to stop photographers, including press photographers, from taking pictures in public places.
The NUJ has teamed up with Mark Thomas, a writer, broadcaster, comic and political activisit, along with Chris Atkins, who is behind the documentary Taking Liberties, and BJP for a 'photo opportunity' outside New Scotland Yard on Monday 16 February. 'The plan is simple, turn up with your camera and exercise your democratic right to take a photograph in a public place,' says Marc Vallee, an NUJ member who will be there on the day, and who himself clashed with police over the right to photograph public events.
(For details on how to participate, check 1854.eu).
The call comes after a group of London photographers gathered last week to discuss the new law and the use of section 44 of the Terrorism Act 2000 to stop and search photographers. Organised by London Calling Photographers, the debate brought together Jeff Moore, chairman of the British Press Photographers' Association, Superintendent David Hartshorn of the London Metropolitan Police's Public Order branch, and BJP's news editor Olivier Laurent.
While Moore denounced the new law as another proof that 'this government is chipping away our freedoms and using the police to achieve that goal', Hartshorn defended the use of section 44 and the new Counter-Terrorism Act, claiming that it might be 'hugely contentious, [but] its effectiveness as a crime prevention tool has been phenomenal,' he told the audience. 'I heard horror stories, of course, that give me some concern, but this act has allowed us to investigate and put to trial a number of cases of hostile terrorism reconnaissance,' he added.
However, Hartshorn welcomed a recent meeting with the National Union of Journalists and Vernon Crocker, the minister with responsibility for security, counter-terrorism, crime and policing. 'As a result of this meeting, the NUJ spoke with senior officers,' he said. 'I welcome the opportunity to talk with photographers. But,' he added, 'we are in for a very interesting two years as we get the parameters [around section 44] right.'
But Moore argued that while press representatives had been able to discuss with senior officers at the Metropolitan Police, so far they have been denied access to rank-and-file officers who are most likely to stop photographers in the streets. Hartshorn said that while a code of conduct is given out to all officers, 'it will take a long time to get it right on both sides'.
Hartshorn also talked about situations when the interaction between press photographers and the police has been effective. In January he was in charge of policing the protests in front of London's Israeli embassy. 'The media were superb,' he said. 'I went to them and told them that we had a contentious march coming toward us. I let them have a free run, but added that "there might be a point when I will ask you to move, and unless you do so, I can't guarantee your personal safety." When it happened, they did move and everything went well.'
He also offered advice to photographers who are stopped by police officers under section 44 of the Terrorism Act. 'Try not to go for the confrontational approach,' he said. 'Generally, if you are reasonable, you can resolve it.'
Moore agreed, while pointing out that if photographers want to make a complaint, they absolutely need to have a witness. He added that complaints done informally could help in making officers realise that they have no reason to exacerbate a situation.
Moore also denounced freelance photographers who 'play a stupid game of cat-and-mouse with the Metropolitan Police's Forward Intelligence Team (FIT). It doesn't help any of us, and it is incidents like these that detract from the situation at hand.'
For more information, check bjp-online.com/news and londoncallingphotographers.org. A video and podcast of the debate will be available shortly.
New deal on ID card
UK press organisations are set to unveil a new press card, featuring up to 180 new security features, BJP has learnt.
The new card is currently being tested, says Jeff Moore, the chairman of the British Press Photographers' Association. It will work like an Oyster Card, storing electronically the information featured on the front of the card.
Police officers will also be able to use new radios to confirm the validity of the card. The new features are expected to make it easier for police officers to identify members of the press, while reducing the number of fake cards.
The new cards are scheduled for release this year.
