Following a number of high profile cases of police wrongly using Terrorism legislation as a means of stopping amateur photographers in the last year – the latest being a 16-year-old who was detained by police while taking pictures of Army Cadets during an Armed Forces Day parade in Romford – Amateur Photographer is providing the lens cloth guidance to all its readers as a safeguard should they be approached by police.
Amateur Photographer editor Damien Demolder says: “I am not exaggerating when I tell you that hardly a day goes by without some correspondence from a reader that chronicles a situation in which a photographer has been prevented from enjoying his or her hobby. Many police officers and police community support officers still believe that taking photographs in a public place constitutes a suspicious activity and warrants that person be stopped, questioned, searched and sometimes even detained.”
The lens cloth details the guidance provided to all police staff by the head of Specialist Operations for the Metropolitan Police Service, to assist them in dealing with professional and amateur photographers taking pictures in public places.
The guidance states: “Whilst we must remain vigilant at all times in dealing with suspicious behaviour, staff must be clear that:
• There is no restriction on people taking photographs in public places or of any building other than in very exceptional circumstances
• There is no prohibition on photographing frontline uniform staff
• The act of taking a photograph in itself is not usually sufficient to carry out a stop
• Unless there is a very good reason, people taking photographs should not be stopped
• Officers do not have the power to delete digital images, destroy film or to prevent photography in a public place under either power (sections 43 and 44 of the terrorism Act 2000)”
Damien adds: “It is important for our law-abiding readers to be empowered to understand that there is no law against taking pictures in a public place in this country, and very few buildings are so sensitive that they should not be included in a picture. It is not an offence to take pictures of another person, or of a police officer or of military personnel. These are not merely my views but the official policy of the Government, police chiefs and the Minister for Counter Terrorism.”
Amateur Photographer has long championed the rights of photographers against the inappropriate application of the Terrorism Act 2000. The magazine stepped in to support photographers in 2005 when a reader was stopped by police in East London under Section 44 of the Terrorism Act, which gives police officers the right, in designated areas, to stop and search an individual – and confiscate an article – whether or not there are grounds to suspect a connection with terrorism.
Since then, as many more cases have piled up, Amateur Photographer has campaigned strongly for photographer’s rights, including lobbying Parliament on the issue. Despite police use of Section 44 Stop and Search being ruled 'illegal' in January this year by a European court, photographers continue to be targeted.
Late last month two professional journalists – Jason Parkinson and Marc Vallee won an out-of-court settlement after the Metropolitan police admitted failing to respect the freedom of the press when officers prevented them covering a protest.
The Freedom - or Great Repeal - Bill states that it will ensure 'anti-terrorism legislation strikes the right balance between protecting the public, strengthening social cohesion and protecting civil liberties.’
The issue of Amateur Photographer featuring the free lens cloth goes on sale July 6, priced £2.50.