AV News 178 - November 2009
We thank Linda for compiling such a comprehensive document which
clarifies some important points of law as they relate to photographers and for
kindly allowing us to publish this information in 'AV News'.
Further information is also to be found on the Metropolitan Police website:
'The Metropolitan Police Service’s approach towards photography in
public places is a subject of regular debate.
We encourage officers and the public to be vigilant against terrorism but
recognise the balance between effective policing and protecting Londoners
and respecting the rights of the media and the general public to take
photographs.
Guidance around the issue has been made clear to officers and PCSOs
through briefings and internal communications. The following advice is
available to all officers and provides a summary of the Metropolitan Police
Service’s guidance around photography in public places.
Freedom to photograph/ film
Members of the public and the media do not need a permit to film or
photograph in public places and police have no power to stop them filming or
photographing incidents or police personnel.
Photography and Section 44 of the Terrorism Act 2000
The Terrorism Act 2000 does not prohibit people from taking photographs or
digital images in an area where an authority under section 44 is in place.
Officers have the power to view digital images contained in mobile
telephones or cameras carried by a person searched under S44 of the
Terrorism Act 2000, provided that the viewing is to determine whether the
images contained in the camera or mobile telephone are of a kind, which
could be used in connection with terrorism. Officers also have the power to
seize and retain any article found during the search which the officer
reasonably suspects is intended to be used in connection with terrorism.
Officers do not have the power to delete digital images or destroy film at
any point during a search.
www.met.police.uk/about/photography.htm
Our thanks go to the East Anglian Federation for finding the above.... and to
the IAC magazine for bringing to our attention an article in the 'Independant'
newspaper dated 6th January 2009 which states the following:
'According to the Association of Chief Police Officers the law is quite
straightforward.
"Police Officers may not prevent someone from taking a photograph in public
unless they suspect criminal or terrorist intent. Their powers are strictly
regulated by law and once an image has been recorded, the police have no
power to delete or confiscate it without a court order. This applies equally to
members of the media seeking to record images, who do not need a permit
to photograph or film in public places" '
One final point - we do have to remember however that Shopping Malls
and many Parks are not classed as Public Spaces.
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