Practical Photography

The Government have been claiming to stand up for Photographers who are innocently trying to take photographs in public although the last few weeks have caused these promises to be put on hold after a letter from the Home Office setting out when these rights might be curtailed was published.

Vernon Coaker, the Minister for Security, Counter-terrorism, Crime and Policing wrote to Jeremy Dear, general secretary of the National Union of Journalists. His letter, dated 3 December 2008 confirms that photography can be “limited” in public places in “special circumstances”:

He wrote: “This may be on the grounds of national security or there may be situations in which the taking of photographs may cause or lead to public order situations or inflame an already tense situation or raise security considerations.

“Additionally, the police may require a person to move on in order to prevent a breach of the peace or to avoid a public order situation or for the person’s own safety and welfare or for the safety and welfare of others”.

The Government are arguing that this merely restates the law as it stands. Officially there is no general law against taking photographs in public, but the law does give the police the rights to stop individuals taking photographs of “prohibited places” under the Official Secrets Act 1989.

Police are allowed to stop individuals and question them on why they are taking photographs. This is only supposed to be if they  suspect the photographer has some Terrorist motive (s.43-44, Terrorism Act 2000).

Photographers may not obstruct – nor may they use the act of taking photographs as a means to harass or intimidate. The latter issue has arisen, as police claim that some photographers accompanying demonstrations go out of their way to ‘wind up’ individual police offices by aggressive use of their cameras.

So really we have taken one step forwards and two steps backwards.

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