On 16th February the UK’s Counter-Terrorism Act will bring amendments to the Terrorism Act of 2000 which will further increase Police powers. The new rules make it unlawful to “elicit or attempt 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”.
Further extending Police powers in the light of the reported abuses of the Terrorism Act is potentially more bad news for photographers. Note that the law is worded in such a way that it can be argued that taking photographs of police officers constitutes an offence in itself. Any photograph of a police officer may, at a stretch, be considered to be useful material for terrorists and it is feared that officers will use the amendment to prevent photographers from photographing the police.
Taking this photograph, for example, which I snapped with the knowledge and permission of the officers shown, could soon prove to be a criminal offence. This shot was taken in 2005 but I suspect that the level of suspicion prevalent in the UK in 2009 would mean that my request would now be met with a different response. I asked for permission out of courtesy but was on public property at the time and was completely within my rights to photograph. That right may be about to be lost. That’s another small but significant chipping away at my civil liberties.
The BJP suggests that the amendment could lead to a further deterioration in relations between law-enforcers and news-gatherers. How long will it be before police are using the new powers to prevent journalists from photographing officers at rallies and demonstrations? How long before taking a picture of a police officer is punishable by up to ten years in prison. Less than three weeks apparently.
But the rot is already setting in if Justin Tallis’ experience is anything to go by. Covering a demo in London this month, Justin, who is an accredited photographer with the National Union of Journalists and the British Press Photographers’ Association, was apparently approached by a Surveillance Officer who tried to forcefully take his camera away. Fellow photographer Marc Vallée had his camera handy. On the 16th February police will potentially have a justification to arrest both Justin and Marc and you and I may never get to see the images they took.
The right to choose what, when and where to report belongs to journalists for a reason. It is there to protect us. When that right is taken away and state-controlled forces decide what can and can’t be photographed then that surely is setting a dangerous precedent.
Is this England or Kashmir? Wow! Unbelievable! So much for democracy, might try living is State where the dictator is a little more benevolent, like SIngapore.
It is getting worse m8 and the frightening thing is, there are so many people burying their heads under “if you’ve nothing to hide you’ve nothing to fear” that it’s only going to get worse. As such it’s difficult to fight it in any conventional way and if you go the usual route of saying something like “Well, the predicition’s coming true … ENG(lish) SOC(ialism) is in full effect” then you’re laughed off with a conspiracy theorist tag for evoking Orwell. It’s worse than Godwin’s law. At that point I take comfort in thoughts of Gandhi “First they ignore you, then they laugh at you, then they fight you, then you win”. On the bright side for you, at least you had sense enough to be down south when you were in England, us muppets up north I heard on the radio this morning are looking like we’re first in line for ID cards http://www.manchestereveningnews.co.uk/news/s/1093663_manchester_may_pilot_id_cards The two things combined mean it’ll probably be a lot easier to Police the next Labour Conference if they have it here. I got stopped and questioned 3 times at last years in the space of an hour or two and I hardly got close to it. They couldn’t do a thing about my complete lack of ID that time, next time they probably will
I recently had to photograph a traffic accident (such is the life of a newspaper photographer). The wreckage was strewn up and down several blocks of a busy street, all on one side of the street. I was walking along the side of the street opposite the wreckage making photos and a cop asked me if I was with the media. I told him I was and he said I had to go back to the staging area because the area was closed. I pointed out that other, non media, people were walking up and down the street where I was and the cop said it was open to the public but closed to the media. My newspaper’s management has made it clear they won’t support us if we are arrested, even if the arrest is bogus, so I went back to the staging area.
Increasingly in the US “freedom of the press” means “freedom from the press.”
jack
Jack, I don’t know where to start. Firstly, what kind of newspaper tells it’s reporters that it won’t offer support if they’re arrested. They ought to be thoroughly ashamed.
Secondly, how can anything be closed to the media and yet open to the public? What rot. So you could take a photo as a member of the public but not as a reporter. I despair!
Gavin,
It definitely ain’t right. It started about 8 years ago, when a large corporation bought our previously family owned paper. They made us sign “ethics” statements that said we wouldn’t break the law in pursuit of photos or a story, including trespass laws. That we will follow the orders of law enforcement. And that if we are arrested for violating the law or not following the orders of law enforcement we are on our own (unless the officer is clearly at fault but even that’s a judgement call).
The corporation started this when some survey showed journalists were about as popular as used car salesmen and lawyers. They thought it would improve our image in the public mind. They said it had nothing to do with the legal expenses we could incur.
jack
[...] when taking photos after Feb 16th, cos if you take a snap of a copper, you can now be arrested ! Police Powers extended even further under new Counter-Terrorism legislation | Gavin Gough: Travel Ph… As someone who likes taking pics and videos wherever I go, this frightens me. I even had a bust up [...]
Quem Deus perdere vult, dementat prius.
This country has gone stark, staring mad!
A quick heads up… The NUJ is organising a mass photo taking session outside Scotland Yard on Monday to coincide with the new legislation coming into effect. There’s an article about it up at their site http://www.nuj.org.uk/innerPagenuj.html?docid=1104 Kick-off is at 11am
[...] Gough writes a good piece here on what the implications of this new law are and why it should be never have passed as [...]
Here’s a video clip of the police in action.
http://www.youtube.com/watch?v=HECMVdl-9SQ
It is worth noting that, had the police realised that they were being filmed they could have arrested the photographer under the Counter Terrorism Act 2008 and confiscated the film.
Fortunately they didn’t notice.
[...] you recall a few weeks back Gavin ran a post about new laws in England about photographing in public places. Personally, I think this is getting out of hand. But then I [...]