© Jess Hurd/reportdigital.co.uk Police officer cites the Terrorism Act whilst stopping and searching 9 press photographers for weapons en route to covering a far-right demonstration in Brighton.

On Sunday the 21^st April 2013 myself and another eight lens based journalists were directed off the motorway by Sussex police officers. Seven members of the group were searched by police officers, one photographer was told that she was being searched under the Terrorism Act (pictured).

We were travelling to Brighton to cover ‘March for England,’ a gathering of various far-right racist groups and individuals. Sussex Police estimated that around 250 far-right protesters and approximately 1000 counter-protesters were in Brighton that day. They drafted in over 700 public order officers from different forces to police the event. Sussex police report that by the events conclusion at 18:00, 19 public order related arrests had been made.

Sussex Police were authorised to use powers under Section 60 of the Criminal Justice and Public Order Act 1994. This provides police with the power to, ‘stop and search pedestrians, vehicles and/or passengers where in a local police area, an officer of at least the rank of inspector reasonably believes that incidents involving serious violence have taken or may take place and it is expedient to prevent them, or find weapons or dangerous instruments for example blades and pointed weapons.’

We were traveling to Brighton in a nine seater minibus and first became aware of the police when we spotted a Land Rover parked overlooking the motorway. It was no surprise when a police car over took us and announced on a screen on their rear window that we were to follow them.

We followed the police to a car park and garages, in a place called Hickstead, a few miles from Brighton. One press photographer optimistically suggested that, “we will probably get a nice officer who will see our press cards and wave us through.” I think at that point we all shared this optimism. As we were pulling into the car park we noticed two other vehicles and their occupants being searched. We all recognised the English flags and other paraphernalia as the type used by the English Defence League. Police officers working against domestic extremism are no doubt aware of the ‘fatwa’ against a member of National Union of Journalists (NUJ), and their hatred and mistrust of photographers in general. If not they should be. We can only hope that those in the far-right being searched nearby did not over hear any of our details being taken or collect any other intelligence that could lead them to us in future. This was a worry on the day as there were comments made online by Casuals United, a group of far-right football hooligans and English Defence League supporters calling for the targeting of Brighton Argus journalists.

Due to these threats we were understandably eager to show our UK Press Card Authority (UKPCA) press cards to the police so that we could move on quickly without further attention being brought to us. The officers were shown our press cards but took no notice. This was surprising to us all due the fact that our press cards show police officers that we are not only members of the NUJ or the British Association of Journalists (BAJ) but to quote the message to police on the card:

 ‘The Association of Chief Police Officers (ACPO) of England, Wales and Northern Ireland and the Association of Chief Police Officers in Scotland recognise the holder of this card as a bona fide newsgatherer.’

A phone number is provided to a hot line so that verification can be given by the UKPCA in the form of a password that is known only to the UKPCA and the journalist.

The advice given to police officers using Section 60 to stop and search suspects by ACPO who, remember, recognise us as bona fide news gatherers, is that ‘Officers may question the person to confirm or eliminate reasonable suspicion for grounds for the search’ (Practice Advice on Stop and Search, ACPO and Centrex, p10, 1.6).

Once reasonable suspicion had been eliminated the officers could have saved themselves time and effort by not continuing with the search. Instead, when asked why they did not recognise our cards, one officer said that, “the officer in the car (the car that pulled us over) had started the process, so we are obliged to finish it.’ Another officer commented on a BAJ press card, “Anyone can print one of those off, they don’t prove anything.”

Being journalists, we had of course been recording the whole thing. A videographer started filming as soon as he could and I began filming on my iPhone almost immediately. From start to finish the searches took roughly 35 minutes and as soon as we were released we naturally started tweeting. When we finished work for the day and got a chance to check twitter, we were delighted to see over a hundred favourites, retweets and many more tweets of support and tweets of disgust at the idea of the police using Section 60 to search journalists. I am still getting retweets weeks later. The NUJ was quick to speak out and posted a statement online condemning the search (see link below).

There were a few messages of support for the police’s actions by people who felt that we could have been terrorists pretending to be journalists and our camera bags laden with weapons. The Boston Marathon bombing was also used as possible justification for the search. This leads me to our main concern about Sussex Police’s actions that day.

We are not terrorists, we are photographers.

We are journalists who are registered press card holders who have a process of identification supported by ACPO. Surely the police must respect ACPO’s guidance and involvement in the press card scheme? They must follow the UKPCA procedure stated on the card and once they have identified us they must not treat card carrying journalists like suspected terrorists.

It is not enough that Sussex Police tweeted that an officer had made a mistake when she informed a photographer that she was being searched under the Terrorism Act, 140 characters won’t cut it. Although it would be nice if we all received a formal apology for the mishandling of this encounter and the ignorance of police officers who do not understand the law or the UKPCA process of identification, we also need assurances from ACPO that this will not become an acceptable or standard part of policing in the future and that proper media training is being undertaken.

If a precedent is set and the police feel that it is acceptable to stop and search accredited journalists, they could use this to stall, disrupt, regulate and even stop us from reporting on certain events completely. At this point I am consciously avoiding giving anyone the excuse to invoke Godwin’s Law, but this is as unhealthy here in the UK as it is in the countries that our government so enthusiastically points its finger at, countries like North Korea and Iran where journalists are harassed, searched and arrested as a matter of course.

Article by Pete Maclaine

For reference:

My iPhone footage 

Sebastian Remme video footage

Another clip shot by a videographer traveling with the group

National Union of Journalists statement condemning the police search of journalists

Hold the Front Page Article

Guardian Comment is Free – Far Right Embrasses Fatwas – Jason Parkinson

ACPO and Centrex (2006) Advice on Stop and Search, National Centre for Policing Excellence:

PHNAT has now received a response from the GLA on the incident recorded by filmmaker @indyrikki at Parliament Square on Budget Day.

A spokesperson for the GLA said: “The behaviour of one of the wardens shown in the video clip falls well below the standards required by the GLA. It was clearly not appropriate and the byelaws were not being interpreted correctly. We apologise for this lapse and action will be taken to address this.”

Information:

Based on the video clip there was no reason to ask the user of the camera to stop taking images or asking them to leave nor was there any reason to have ushered other members of the public, who were simply enjoying the Square, off of the open grassed area.

There are no restrictions on the use of cameras or camcorders for private or amateur use and a scheme is in place which authorises members of the professional media to go about their news gathering activities on Parliament Square.

In terms of non commercial and amateur photography/footage, the GLA has no legal power, or interest, in relation to where imagines are posted/published, that is totally a matter for the person taking the recording as they are responsible for what they do with their images.

The only time that the use of a camera is likely to be an issue is if an individual is causing harassment to a warden and preventing them carrying out their duties.

On Wednesday 21 March 2012, budget day, filmmaker @indyrikki walked on to the green at Parliament Square. The above video documents what happened next.

In response and to try and gain some clarity on the Parliament Square bylaws PHNAT sent the following open letter to the Mayor’s office, the Culture Department and the GLA.

Dear Sir/Madam,

As you may be now aware this video has appeared on the Internet showing a photographer being told to move from Parliament Square because the reissued bylaws stated no one was allowed on the grass. The varying allegations towards the photographer then get worse from there on. The incident happened on Wednesday 21 March.

http://london.indymedia.org/videos/11961

The video raises some important questions, which need to be clarified. Photography rights campaign group I’m a Photographer Not a Terrorist (PHNAT) is hoping that you are able to provide some guidance on these matters.

Is there any part of the by-law that says an individual is not allowed on the grass at Parliament Square for any length of time?

If so, how long is an individual allowed to stay on the grass before being asked to move?

Is there any part of the by-law that says an individual, professional or amateur, is not allowed to take photographs or film?

The by-laws state that you need prior permission to film or photograph if it is for commercial use. Can you please define what is meant by commercial use? It seems very unclear from this film that the Heritage Wardens or even Heritage Warden Manager Dean Eardley don’t seem to know what is meant by commercial use.

Is posting an image on a website” considered commercial use”?

Is posting an image on a website that is “pro or anti something” considered commercial use?

Are there any further details as to what can and cannot be published on a website?

Do you have any specific websites in mind that people should not publish their non-commercial material on?

Why are the Heritage Wardens shooing tourists off “like pigeons” from the Parliament Square green?

We look forward to your answers to these questions.

Yours Faithfully,

Jason N. Parkinson

I’m A Photographer Not a Terrorist

Olympic Stadium © London 2012 Press Office

With a huge police operation, thousands of troops, private security and new legal powers taking over parts of London during the upcoming Olympic & Paralympic games, the PHNAT campaign will be closely monitoring the experiences of photographers, both amateur and professional, around the events & sites.

We want to hear from you any experiences or incidents, positive or negative, that you’ve had photographing around the olympic site in the run up to or during the games, or otherwise in connection with the olympics (increased stops with olympics given as a reason etc).

Help us track the impact of London 2012 on press freedom & the right to photograph, share this page and if you or anyone you know has issues, please let us know. Email us at olympics@photographernotaterrorist.org *

* – Please note, we cannot give any form of legal advice regarding any incidents, we are just collating accounts.

More Reading: Olympic 2012 Security: Welcome to Lockdown London - The Guardian

PHNAT Flashmob City Hall from Jason N. Parkinson on Vimeo.

Video & text from the London Street Photography Festival.

On Tuesday 21 June 2011 six photographers were assigned different areas of the City to photograph. Some used tripods, some went hand held, one set up a 5 x 4.

All were instructed to keep to public land and photograph the area as they would on a normal day. The event aimed to test the policing of public and private space by private security firms and their reaction to photographers.

All six photographers were stopped on at least one occasion. Three encounters led to police intervention.

This is what happened.

Directed and Produced by Hannah White for the London Street Photography Festival
Edited by Stuart York

Many thanks to:

Tim Bowditch
Leona Chaliha
Ana Galanou
Michael Grieve
David Hoffman
Chris Ogilvie
Pennie Quinton
Liam Ricketts
Toby Smith
Grant Smith
Camilla Webster
Philip Wolmuth
Stuart York

Grant Smith & Marc Vallée launching the pamphlet at the AoP Gallery. Image © Jonathan Warren 2011

There was a great turnout at last nights launch party where we gave away over 500 copies of the pamphlet which is available to download now.

We’ve still got lots of copies to give away you can get one by sending a double stamped self-addressed envelope to Photographer Not a Terrorist, 308-312 Gray’s Inn Rd, London WC1X 8DP. If you’d like a handful to leave at a venue please contact us to arrange delivery.

We’d like to again thank the National Union of Journalists and the Campaign for Press and Broadcasting Freedom who have funded the production of the pamphlet. Also to the London Photographers’ Branch and British Press Photographers’ Association who have supported the pamphlet. The AoP for letting us use their gallery and ING Media for sponsoring the event.

Download: I’m a Photographer, Not a Terrorist : A brief history (PDF)

Image: Jess Hurd

Over the last few months we’ve been working on a pamphlet that celebrates the history of the I’m a Photographer, Not a Terrorist! campaign. We’re now proud to invite you all to it’s launch at the AoP Gallery at 7pm on the 14th June with free refreshments kindly sponsored by ING Media.

The pamphlet entitled I’m a Photographer, Not a Terrorist! – A brief History is fully illustrated over 20-pages, written by the campaign’s founders and organisers and will be available for free at the event. It is available to download (PDF) or you can request a free copy by sending a double stamped self-addressed envelope to Photographer Not a Terrorist, 308-312 Gray’s Inn Rd, London WC1X 8DP.

We’re indebted to the National Union of Journalists and the Campaign for Press and Broadcasting Freedom who have funded the production of the pamphlet. Also to the London Photographers’ Branch and British Press Photographers’ Association who have supported the pamphlet.

Facebook Event Google Map

Images © Grant Smith, Jess Hurd, Marc Vallée & Jonathan Warren

We held a very successful flashmob outside London City Hall today, World Press Freedom Day, to highlight the harassment of photographers by security guards on privately owned but publicly accessible areas of London.

We also delivered a letter to Mayor Boris Johnson explaining how security guards were preventing people from quite legally photographing buildings in the city.

The security guards who usually swoop down on photographers who dare bring a ‘professional’ camera out on More London property were nowhere to be seen and even the City Hall security guard who took the letter to the Mayor kept a stiff upper lip as he was mobbed by photographers in the lobby.

Dear Mr Johnson

Today is World Press Freedom Day, photographers from all over the city have come to City Hall to express their frustration at the behaviour of private security guards.

The event has been organised by the campaign group, I’m a Photographer, Not a Terrorist! (PHNAT), which was set up to fight unnecessary and draconian restrictions against individuals taking photographs in public spaces.

PHNAT is concerned about the role of private security guards in the prevention of terrorism. Their role has been promoted by police, with the result that many privately employed guards are illegally preventing citizens from taking any photographs at all.

Areas designated as public realm are often privately managed spaces that are subject to rules laid down by the private management companies. Most insidious of these is the outright banning of photography in some of our most widely enjoyed public spaces, such as Canary Wharf and the Thames Walk between Tower Bridge and City Hall.

We are bringing this issue to the attention of the general public to highlight the creeping restrictions to press freedom and the right of the citizen to photograph in a public place.

Yours Sincerely

Concerned photographers

• Photographers Attack ‘Insane’ Security Rules - Amateur Photographer
• Snappers hold City Hall flashmob in protest at photography restrictions – London SE1
• Photographers’ freedom call: Flashmob at City Hall – John Slattery
• Snappers slam Canary Wharf photography laws – The Docklands
• Architectural photographer makes City Hall protest – Building Design
  
• Photographers gather to protest public photography restrictions – British Journal of Photography
• Photographers organise London City Hall flashmob on World Press Freedom Day – National Union of Journalists
• We’re photographers not terrorists, say press freedom day activists – Ekklesia
• Photographers’ City Hall Flashmob – Peter Marshall

Photographs © Grant Smith & Marc Vallée

For immediate release.
Event to be held on Tuesday 3rd May, World Press Freedom Day, at City Hall, London SE1 2AA at 12:30.

I’m a Photographer, Not a Terrorist! (PHNAT), the campaign group set up to fight unnecessary and draconian restrictions against individuals taking photographs in public spaces, is organising a flashmob outside London’s City Hall.

The event takes place on World Press Freedom Day and is supported by the National Union of Journalists (NUJ) London Photographers’ Branch (LPB).

PHNAT is concerned about the role of private security guards in the prevention of terrorism. Their role has been promoted by police, with the result that many privately employed guards are illegally preventing citizens from taking any photographs at all.

Areas designated as public realm are often privately managed spaces that are subject to rules laid down by the private management companies. Most insidious of these is the outright banning of photography in some of our most widely enjoyed public spaces, such as Canary Wharf and the Thames Walk between Tower Bridge and City Hall.

The mass gathering will highlight the restrictions on street photography in a public space. Photographers are encouraged to bring a tripod.

PHNAT successfully campaigned for the repeal of Section 44 of the Terrorism Act 2000 (January 2011), however Section 47a has been drafted in by a remedial order to enable police to use stop-and-search powers when a senior police officer reasonably suspects a terrorist action will take place. PHNAT is very concerned that Section 47a will be used against amateur and professional photographers, stopping them taking photographs in public.

An illustrated PHNAT pamphlet will also be launched at the event. Created by PHNAT and LPB members, supported by the NUJ, British Press Photographers Association (BPPA) and the Campaign for Press and Broadcasting Freedom, it will celebrate the history of the PHNAT campaign.

Documentary photographer Marc Vallée, one of the founders of PHNAT said:

The privatisation of public space is impacting on public photography. Private companies, with the backing of national and local government, are eroding the common law right of the citizen to take a picture in a public place. This is why we will be outside London City Hall on the 3rd May.

One of the organisers of the event, architectural photographer Grant Smith said:

Private security guards are being mandated to control and attempt to prohibit photography from public spaces of private (corporate) buildings. The authority to do this Is illegal and amounts to legitimisation of these security forces to act as law enforcers, without public accountability.

Notes for Editors

I’m a Photographer, Not a Terrorist! Is a campaign run by photographers for anyone who values visual imagery. It was set up in 2009 in response to new terrorism laws preventing the photographing of police officers. In January 2010 it organised a mass photo gathering in Trafalgar Square that attracted over 2,000 photographers from across the country.

Contact

Grant Smith: 077748 39078 / grant@grant-smith.com

http://photographernotaterrorist.org
http://twitter.com/phnat