Met Police issues London photography guide, lists photographers' and police officers' rights
The Metropolitan Police has issued a photography advice guide to its officers and the public, listing the rights of photographers when stopped by police forces in the streets of London.
UPDATE: The Metropolitan Police’s guide on public photography published on 09 July is ‘selective’ and flawed, a media law solicitor tells BJP.
‘We encourage officers and the public to be vigilant against terrorism but recognise the balance between effective policing and protecting Londoners and respecting the rights of the media and the general public to take photographs,’ says the advice. ‘Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel.’
However, the advice goes on to list the exceptions when a photographer can be stopped in London’s streets. Under Section 44 of the Terrorism Act 2000, which the Metropolitan Police says does not prohibit people from taking photographs or digital images in an area where an authority under section 44 is in place, ‘officers have the power to view digital images contained in mobile telephones or cameras carried by a person searched under S44 of the Terrorism Act 2000, provided that the viewing is to determine whether the images contained in the camera or mobile telephone are of a kind, which could be used in connection with terrorism.’
It continues: ‘Officers also have the power to seize and retain any article found during the search which the officer reasonably suspects is intended to be used in connection with terrorism.’
Under Section 43 of the same act, ‘officers have the power to view digital images contained in mobile telephones or cameras carried by a person searched under S43 of the Terrorism Act 2000 to discover whether they have in their possession anything which may constitute evidence that they are involved in terrorism,’ reads the advice. ‘Officers also have the power to seize and retain any article found during the search which the officer reasonably suspects may constitute evidence that the person is involved in terrorism.’
The advice goes on to address Section 58a of the Terrorism Act 2000, which ‘covers the offence of eliciting, publishing or communicating information about members of the armed forces, intelligence services or police.’
It reads: ‘Any officer making an arrest for an offence under Section 58a must be able to demonstrate a reasonable suspicion that the information was of a kind likely to be useful to a person committing or preparing an act of terrorism. It should ordinarily be considered inappropriate to use Section 58a to arrest people photographing police officers in the course of normal policing activities, including protests, as without more, there is no link to terrorism.’
It adds: ‘There is however nothing preventing officers asking questions of an individual who appears to be taking photographs of someone who is or has been a member of Her Majesty’s Forces (HMF), Intelligence Services or a constable.’
Finally, the advice summarises the guidelines on dealing with media reporters, press photographers and television crews. These guidelines were agreed upon in 2007 after months of negotiations between the Association of Chief Police Officers and a number of representative organisations such as the British Press Photographers’ Association and the National Union of Journalists.
The advice calls for the creation of vantage points for the press to work from and the identification and recognition of the press card.
The advice can be found here: www.met.police.uk/about/photography.htm
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