AV News 178 - November 2009
In practice, however, anti-terrorism legislation is likely to be a much bigger
problem for photographers than the Official Secrets Act.
Section 44 of the Terrorism Act 2000 gives the police wide powers to stop
and search anyone for "articles of a kind which could be used in connection
with terrorism" regardless of whether they have reason to suspect the
presence of such articles. They also have the power to seize any such article,
if found. Section 44 powers, which can also be exercised by PCSOs in the
presence of a constable, only apply in areas where an "authorisation" has
been given. Photographers should be aware that some authorisations cover
wide areas and have been continually renewed for a long time.
The Act also makes it an offence to take or possess a photograph
containing information likely to be useful to a person committing or preparing
an act of terrorism (s.58). And since February 2009, it is an offence to elicit
or attempt to elicit information about anyone who is or who has been a
member of the armed force, the police or the intelligence services, where this
is of a kind likely to be useful to a person committing or preparing an act of
terrorism (s.58A).
Some police officers appear to take a fairly broad view of "information likely
to be useful", but courts have been rather more restrictive in their
interpretation of s.58.
It is in a photographer's best interests to cooperate with the police if they
approach him when he is taking photos in an area that might be regarded as
sensitive. While it might be irritating to be subjected to questions and/or have
a camera bag or vehicle searched, failure to cooperate might result in
detention for several hours at a police station.
Court Proceedings
It is a criminal offence to take a photograph in a law court and an additional
offence to publish any photo taken in a court. The penalty is a fine of up to a
maximum of £1,000. This restriction extends beyond the courtroom itself to
anywhere in the building and to "the precincts of the court", i.e. the
surrounding area. The extent of "the precincts of the court" is not defined
anywhere and the authorities often turn a blind eye to photography outside
the court building.
Tribunals of Inquiry are not covered by the prohibition on taking
photographs in court and it is up to the individual tribunal to decide whether
it will allow photographs of the proceedings.
Be aware that, ev