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  15:54 GMT 09 February 2010
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news 5 August 2009

NUJ wins review of police guide

A controversial Metropolitan Police guide on public photography, which was deemed 'selective' and flawed, has been changed after the National Union of Journalists and other organisations raised concerns.

On 09 July, the Met issued the guide to its officers and the public, listing the rights of photographers when stopped by police forces in the streets of London. The guide was criticised by Rupert Grey of media law firm Swan Turton for being selective and incomplete (BJP, 15 July).

The NUJ also criticised the guidance because it implied officers had greater powers under counter-terror legislation than the law provides. After reviewing photographers' concerns, the Met has changed the wording of the guide.

The original advice stated that Section 43 of the Terrorism Act 2000 gave officers the right to view images that had been taken. However, NUJ's legal officer Roy Mincoff says this is only true where the person concerned is actually suspected of being a terrorist - a far higher test than was originally implied.

'It is good to see that the police have listened to some of what we've been saying and the new guidance is certainly an improvement,' says Mincoff. 'We still have significant concerns about the way counter-terrorism legislation is being used to impinge on media freedoms, so it is vital that any guidance issued by the police Photographer recognises the importance of a free press.'

The guidance includes a statement making it clear that the police do not have the power to stop the media from filming and taking photographs in public places.

'What we need now is a cultural shift across the police force that means officers understand their responsibilities to the media and don't obstruct journalists from doing their jobs,' says John Toner, the NUJ's freelance organiser. 'It is in the longterm interests of both the press and the police that we get this right. Whilst accurate guidance is always welcome, it is what happens on the ground that matters.'

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