AV News 178 - November 2009
Legislation has given the public certain rights to access private property.
In England and Wales, the Countryside and Rights of Way Act 2000
created access rights to certain areas of open country and coastline. Maps
are available that show the areas where access is allowed. There are various
restrictions on the use of access land and they include any activity organised
or undertaken for any commercial purpose. Thus, photography would be
permitted, but commercial photography would, in theory, not be. In Scotland,
the Land Reform (Scotland) Act 2003 provides much wider rights. There is a
right of access to all land, inland waterways and foreshores for certain
activities. Photography, whether for recreation or profit, comes within the
permitted activities. Access rights do not extend to buildings or structures or
the land immediately surrounding them; photographers will not, for example,
have the right of access to the garden of a suburban house. Also excluded is
land that has been developed for a particular recreational purpose, such as
sports fields and golf courses.
It is a criminal offence, punishable by a fine, to trespass on some property,
notably railways, aerodromes, military bases and places where explosives
are manufactured and/or stored. A photographer who enters onto these kinds
of premises without permission is liable to be arrested.
Restrictions on Photography in Certain Public Places
There is a prohibition on taking photographs in Trafalgar Square and
Parliament Square in London. The prohibition only applies to photographs
taken in connection with any business, profession or employment, so that
tourist photographs, for example, would be allowed. It is possible to take
photographs in the Squares for business purposes, provided written
permission is obtained from the Greater London Authority. A hefty fee is
payable.
The same prohibition (on commercial photography) applies in the Royal
Parks. Again, permission can be obtained and a fee is charged.
Harassment and Invasion of Privacy
It is illegal to harass another person and taking photographs could amount to
harassment. This isn't to say that someone could claim they were being
harassed just because they were being photographed when they didn't want
to be. Harassment is essentially behaviour that causes another person alarm
or distress and it refers to a course of conduct, not a single incident. (A
"course of conduct" means at least two occasions.) If a photographer stalks
a subject in order to get a photograph of them, or repeatedly thrusts a camera
in someone's face, this might be harassment.
In England, Wales and Northern Ireland, harassment is a criminal offence,
for which the penalty is up to 6 months in prison, or a fine, or both. A victim
of harassment can also ask for an injunction to prevent further harassment
and bring a claim for damages. Breaching an injunction is also a criminal
offence.
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