We are delighted at this news of the suspension of Section 44. We are sure photographers across the UK are looking forward to freely photographing in a public place without the being bullied by the police and corporate security guards.

The hostile environment created by this law should be the end of it.

Unfortunately there are still a swathe of laws that police can and will still use to harass photographers, most notably Section 43, which is similar to Section 44 but requires an officer to suspect that you are a terrorist and Section 76 which makes it illegal to ‘elicit information about a police officer’ which includes photographing them.

We will also monitor other stop and search powers to see if these are now used against photographers.

The following statement was made by the Home Secretary Theresa May on the 8th July 2010 to the House of Commons

Mr. Speaker, I would like to make a statement on stop and search powers under section 44 of the Terrorism Act 2000.

On Wednesday of last week, the European Court of Human Rights ruled that its judgment in the case of Gillan and Quinton is final. This judgment found that the stop and search powers granted under section 44 of the Terrorism Act 2000 amount to the violation of the right to a private life.

The Court found that the powers are drawn too broadly – at the time of their initial authorisation and when they are used. It also found that the powers contain insufficient safeguards to protect civil liberties.

The Government cannot appeal this judgment – although we would not have done so had we been able. We have always been clear in our concerns about these powers, and they will be included as part of our review of counter-terrorism legislation.

I can therefore tell the House that I will not allow the continued use of section 44 in contravention of the European Court’s ruling and, more importantly, in contravention of the civil liberties of every one of us. But neither will I leave the police without the powers they need to protect us.

Since last Wednesday, I have sought urgent legal advice and consulted police forces. In order to comply with the judgment – but avoid pre-empting the review of counter-terrorism legislation – I have decided to introduce interim guidelines for the police.

I am therefore changing the test for authorisation for the use of section 44 powers from requiring a search to be ‘expedient’ for the prevention of terrorism, to the stricter test of it being ‘necessary’ for that purpose. And, most importantly, I am introducing a new suspicion threshold.

Officers will no longer be able to search individuals using section 44 powers. Instead, they will have to rely on section 43 powers – which require officers to reasonably suspect the person to be a terrorist.

And officers will only be able to use section 44 in relation to the searches of vehicles. I will only confirm these authorisations where they are considered to be necessary, and officers will only be able to use them when they have ‘reasonable suspicion’.

These interim measures will bring section 44 stop and search powers fully into line with the European Court’s judgment. They will provide operational clarity for the police. And they will last until we have completed our review of counter-terrorism laws.

Mr Speaker, the first duty of government is to protect the public. But that duty must never be used as a reason to ride roughshod over our civil liberties. I believe that the interim proposals I have set out today give the police the support they need and protect those ancient rights.

I commend this statement to the House.

A statement from the Metropolitan Police Press Bureau

Following today’s statement by the Home Secretary in relation to new guidelines around the use of stop and search under Section 44 of the Terrorism Act 2000 the Metropolitan Police Service will not seek to renew the current authorisation to use the power at this stage.

The current authority expires at 23.59 hours tonight (Thursday 8 July) and Metropolitan Police officers will not use the power after this time until further notice.

Public safety remains our top priority and we will continue to use all other powers available to us to keep London a hostile environment for terrorists.

Police officers continue to have the power to stop and search anyone who they reasonably suspect to be a terrorist under Section 43 of the Terrorism Act.

We will continue to work closely with the Home Office and other police forces throughout the ongoing review of CT legislation.

The World Tonight – BBC Radio 4 (Starts at 27m 37s)

Rules on stop and search changed – BBC News

Anti-terror stop and search powers to be scrapped – The Guardian

Section 44 is dead, says Home Office – British Journal of Photography

Stop-and-search criteria tightened – Press Association

There was a great turnout at the Victory Flashmob on Sunday with around 60 of us happily snapping away, free from police harassment. We’ve rounded up some of the coverage from the flashmob below, post a link in the comments if we’ve missed anyone out.

Images © Jonathan Warren, Jess Hurd & Marc Vallée 2010

Photos

• PHNAT Victory Flashmob 4 July – Kevin Blowe/Copwatcher
• Photographer NOT a Terrorist – Dave Nash/GnasherUK
• Victory Flashmob – Section 44 is Dead! – Mike Hellers
• Victory Flashmob – Section 44 is Dead! - David Mery/acrostich
• PHANT Victory flashmob – Tim Brechin/the-tick
• PNAT victory flashmob - Louise Whittle/HarpyMarx
• S44 flashmob – Rudy Cech

Reports

Photographers ‘flashmob’ Scotland Yard over terrorism law – Amateur Photographer

Yesterday the European Court of Human Rights rejected the governments appeal to its decision in January that ruled Section 44 of the Terrorism Act 2000 in breach of Article 8 of the European Convention on Human Rights.

Although the Home Office has said it is still considering how the ruling affects the law and the police will continue to use it. It’s possible that any Stop & Search under s44 since 12th January 2010 will be open to legal challenge, so hang on to any receipts.

Unfortunately there are still a swathe of laws that police use to harass photographers, most notably s43, which is similar to s44 but requires an officer to suspect that you are a terrorist and s76 which makes it illegal to ‘elicit information about a police officer’ which includes photographing them.

In the meantime we’re going back to the place where our campaign started, outside New Scotland Yard. We’ll be gathering at 12 noon, this Sunday 4th July (Independence Day!) Come along and lets celebrate a little more freedom for photographers.

Facebook Event Google Map

I’m a Photographer, Not a Terrorist! is proud to support this pre-election rally on Terror Laws, Civil Liberties & Press Freedom at 7pm on the 13th of April at Friends Meeting House in Euston.

The rally will be chaired by photographer Jess Hurd and there’s a top lineup of speakers who have dealt with the raft of terror laws that we face today:

• Jeremy Dear, General Secretary National Union of Journalists
• Paul Lewis, Guardian journalist & British Press Awards Reporter of the Year 2010
• Keith Ewing, Professor of Public Law at King’s College London & author of Bonfire of the Liberties
• Henry Porter, Observer columnist, author & British editor of Vanity Fair
• Chez Cotton, Head of Action Against the Police at Bindmans Solicitors & a co-ordinator of the Police Action Lawyers Group
• Marc Vallée, Photojournalist, investigative journalist and one of the organisers of the I’m A Photographer, Not a Terrorist! campaign group.

Supporting the rally are the National Union of Journalists, NUJ London Central Branch and the I’m a Photographer, Not a Terrorist! campaign group.

Facebook Event Google Map

Mass Gathering in defence of street photography

I’m a Photographer, Not a Terrorist! invite all Photographers to a mass photo gathering in defence of street photography.

Following a series of high profile detentions under s44 of the terrorism act including 7 armed police detaining an award winning architectural photographer in the City of London, the arrest of a press photographer covering campaigning santas at City Airport and the stop and search of a BBC photographer at St Pauls Cathedral and many others. PHNAT feels now is the time for a mass turnout of Photographers, professional and amateur to defend our rights and stop the abuse of the terror laws.

And thanks to the lovely people at Spreadshirt there’s now free shipping on everything in our shop with the promo code 23JAN. So go buy a hoodie or 3!

Social Media

You can use the Twitter hashtag #mpg to follow what’s going on and Flickr users can tag their photos with this Upcoming Event by adding the tag: upcoming:event=4903212 to your photos.

A security guard attempts to stop a picture being taken in George Yard in the City of London. Photo: Grant Smith © 2009

Last week the Independent ran a front page story about the police harassing photographers using Terrorism laws, others soon picked up the story and the day after Head of ACPO Media Advisory Andy Trotter was on the BBC Breakfast sofa with the Independent journalist who had been stopped & searched. He was forced to admit defeat and issued new guidelines to ACPO Chief Constables:

Section 44 Terrorism Act and Photography

Adverse media coverage of the police service use of Section 44 powers, when dealing with issues relating to photography, have recently hit the headlines again and suggests that officers continue to misuse the legislation that is available to them. The evidence also suggests that there is confusion over the recording requirements of ‘Stop and Account’ and the actual police powers of ‘Stop and Search’. The purpose of this letter is to clarify the legislation and guidance in relation to these matters.

Stop and Search
Section 44 gives officers no specific powers in relation to photography and there is no provision in law for the confiscation of equipment or the destruction of images, either digital or on film.

On the rare occasion where an officer suspects that an individual is taking photographs as part of target reconnaissance for terrorist purposes, then they should be treated as a terrorist suspect and dealt with under Section 43 of the Act. This would ensure that the legal power exists to seize equipment and recover images taken. Section 58A Counter Terrorism Act 2008 provides powers to cover instances where photographs are being taken of police officers who are, or who have been, employed at the front line of counter terrorism operations.

These scenarios will be exceptionally rare events and do not cover instances of photography by rail enthusiasts, tourists or the media.

The ACPO/NPIA Practice Advice, published in December 2008, is again included with this letter and specifically covers the issues surrounding photography. The guidance also includes the need for clear briefings on the use of Section 44 and it may be appropriate to include photography issues within those briefings.

Stop and Account
Encounters between police officers and PCSOs and the public range from general conversation through to arrest. Officers need to be absolutely clear that no record needs to be submitted to cover any activity that merely constitutes a conversation.

Only at the point where a member of the public is asked to account for their actions, behaviour, presence in an area or possession of an item, do the provisions of the PACE Act apply and a record for that ‘stop and account’ need to be submitted. Even at that point, such a discussion does not constitute the use of any police power and should not be recorded under the auspices of the Terrorism Act, for example.

Officers should be reminded that it is not an offence for a member of the public or journalist to take photographs of a public building and use of cameras by the public does not ordinarily permit use of stop and search powers.

Yours sincerely

Andrew Trotter OBE QPM
Chief Constable
Head of ACPO Media Advisory Group

Yet days later Architectural Photographer Grant Smith was Stopped & Searched in London after he refused to give his name (which he is perfectly within his rights to do) while photographing a church. He’s sent us this after it happened:

On a beautiful sunny day in London I was taking photographs of Wren’s steeple at the ruined Christ church, Newgate, which adjoins the building occupied by Bank of America and Merrill Lynch.

After about 20 minutes of taking photos, a security guard approached asking for ID and the purpose of photography. I refused to give any details. Shortly after a suited head of security came out to ask me the same questions under the pretence of ‘hostile reconnaissance’ . Again I refused. I had no obligation to provide corporate security guards any of this information as I was in a public space.

I moved away from the building, under the constant surveillance of the guard, and crossed the road to get a wider shot.

I was then approached by a PCSO who crossed the road and asked what me what was I doing, again I declined to give any information. He responded that if an ‘incident takes place, like a bomb going of,f in the near future and I hadn’t questioned you, I wouldn’t be doing my job properly.’

After his departure I heard police sirens coming from the east and west. and watched in stunned amazement as 3 police cars and a riot van arrived, all with flashing lights. They pulled up outside the entrance where the guard had approached me. 3 of them marched toward me and said they were responding to an ‘incident’. Apparently there was ‘…an aggressive male who had been in reception of the building taking photographs of the staff, and who refused to leave’.

I argued this with the police officer, saying that this was wrong. I was not in the building reception, I was not photographing staff, nor had I been asked to leave.
I was asked by police what I was doing and it was obvious I was taking photographs, but I initially declined to give any further information. During this questioning, one of the police officers was admiring my camera, and commented amusingly on my ‘I’m a photographer, not a terrorist’ badge.

My camera bag was searched for terrorist related paraphernalia (notebooks and maps I assume), despite my lame protestations.

The police officer again asked for my details as he produced his stop search form. When I said that I was not obliged to give the details, he said I would be physically searched, which did not sound like a very pleasant experience. So I gave my details and was not detained any longer.

All of this was because I declined to be bullied or intimidated by a security officer, who now have what appears to be the full backing of the police in their assessment of photographers.

Grant has been interviewed by ITV London Tonight and More4 News about the incident:

Sorry it’s a bit late notice but tomorrow I’m Photographer Not a Terrorist! will be taking part in a panel discussion at Signs of Revolt:

“This panel looks at the impact of digital photographic tools on reporting events, particularly post-G20 and how the State is trying to criminalise image taking and the ways photographers are getting organised to resist this. This will be interspersed with photo shows and film clips from the archives of some of the key movements photographers and filmmakers.”

The panel includes photojournalist Jess Hurd, photojournalist and investigative reporter Marc Vallée, film and print journalist Jason N. Parkinson and filmmaker Shaun Day.

11am, Sunday 15 November 2009
Shop 14, The Old Truman Brewery, 91 Brick Lane, London, E1 6QL.

Facebook Event Google Map

The flashmob on Saturday was a huge success with over a hundred photographers turning up in Canary Wharf sending security guards scurrying whenever a camera was pointed at them.

Photos © Jonathan Warren & Jess Hurd
More Photos

360 Panorama
Flickr

Coverage

Photographers Ready to Snap over new Laws – The Wharf

Freedom to Photograph – Reclaim Our Shopping Centres

Few people know about the restrictions on photography in ‘public’ spaces like shopping centres unless they have been frog-marched out of Canary Wharf, Westfield or the Arndale Centre by burly security guards.

These private shopping meccas welcome people spending their money but threaten to call the police if they bring out a camera.

We have picked a typical shopping day in September to highlight to the public these ‘photo free zones’ and we encourage all photographers, amateur and professional, to Flashmob their local shopping centre on Saturday 12th September at 3pm. Or come to the flashmob in London.

London – Canary Wharf

Facebook Event Google Map

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Elsewhere

If you can rally a good number of people in your city for your own flashmob event announce it using the #PHNATMob hashtag on Twitter or on our Facebook page.

Get in touch with us and we’ll help you promote it.

Photos from the Photo Booth setup at this months Photo-Forum – Also available for tagging on Facebook.