Photography and the Law

In a lecture last week we were told to do some research on photography and the law today. Things to look at included the terrorism act, what to do if a police officer arrests you and policies on photographing in public places in general.

After being grouped with a few other classmates and talking with the other group in the class, we found out a few vital things.

Photography and Section 43 of the Terrorism Act 2000

• Police officers can only stop and search a person they reasonable suspect to be a terrorist under Section 43 of the Terrorism Act 2000.
• Digital images can be viewed as part of a search under Section 43 to discover whether the person has in their possession anything which may constitute evidence that they are a terrorist.
• Cameras, film and memory cards can be seized if the officer reasonably suspects that these may constitute evidence that the person is a terrorist.
• Officers do not have the power to delete any images or destroy film.
• Once cameras or other devices are seized, to preserve evidence, officers should not attempt to examine them further.
• Seized cameras and other deivces should be left in the state in which they are found in, and forwarded to appropriately trained forensic staff for forensic examination.

Photography and Section 44 of the Terrorism Act 2000

• Powers under this section of the act enable uniformed police officers to stop and search anyone in an authorised area for the purposes of searching for articles in connection to terrorism.
  
• The powers should not specifically target photographers.
• Section 44 does not prohibit the taking of photographs, film or digital images in an authorised area and members of the public and the press should not be prevented from doing so in exercise of the powers conferred by Section 44.
• If a police officer already suspects the person to be a terrorist they should use section 43 guidelines to view images.

Photography and Section 58A of the Terrorism Act 2000

this offence concerns information about persons who are or have been at the front line of counder terrorism operations, namely the police, the armed forces and members of the security and intelligence agencies.

• An officer making an arrest under section 58A must reasonably suspect that the information is of a kind likely to be useful to a person committing or preparing an act of terrorism. An example might be gathering information about the person's house, car, routes to work and other movements.
• It is a statutory defence for a person to prove that they had a reasonable excuse for eliciting publishing or communicating the relevant information.
• Legitimate journalistic activity (such as covering a demonstration for a newspaper) is likely to consititute such an excuse. Similarly an innocent tourist or other sight-seer taking a photograph of a police officer is likely to have a reasonable excuse.

I'm A Photographer! Not A Terrorist! // Article from the BJP

Your Rights:

If you are stopped and searched under Section 44 of the Terrorism Act you do not have to give your name, address, date of birth, DNA, reason for being there or where you are going, or comply with any attempt to photograph you (although you can not flee the scene.)
You do however have to give your name and address if they do decided there is reasonable suspicion.

Police Powers:
Police in uniform are entitled to:

• pat you down
• detain you for the duration of the search
• remove outer clothing
• require you to remove any item that they think may be concealing your identity
• look through your pockets and anything else you are carrying
• seize any article he reasonably suspects is intended to be used in connection with terrorism
• search your vehicle and anyone in it.

What you should do:

• insist on a written record of the search
• make sure it is legible and includes details of the officer's shoulder number and the reason for the stop
• note exactly why they said you were being stopped and searched - this may be more extensive that then reference in the record slip
• ask to see the officer's warrent card and note the number (this is useful when making a complaint id they have moved stations and their shoulder number has changed)

NOTE: A Police Community Support Officer (PCSO) may not perform a S44 search without a police officer present.

Other Laws:

• It is not against the law to photograph police, vehicles or equipment, unless the images are "likely to be usful to a person committing or preparing an act of terrorism."
• Using a tripod or other equipment on a public right of way can be considered an obstuction. Simply standing still on a public right of way can also been seen as an obstruction in certain circumstances.
• Although it is rarely used, the Official Secrets Act prohibits photography that threatens the security of the state. This includes military transport, railways, roads, power stations, and generally anywhere that has been prohibited by the Secretary of The State.
• You can photograph private properties if you are on public property or a public right of way.
• Restrictions on private property may not always be obvious, but still apply. They can not be imposed after the photography has occurred.
• Private property owners or their agents / security guards may not view or delete images on your camera or demand your name and address. They may however ask you to leave without giving any reason if they choose too.
• There is no right to privacy in a public place, however, there are circumstances in which a person does have privacy, particularly if they are inside their own homes. Children's privacy is particularly protected.