Home Secretary Theresa May announced on the 26 January that the review of counter-terrorism powers made recommendation that the Government should consider whether the police needed new stop and search power more quickly.

On 1 March Theresa May announced that, “given the current threat environment” she had “concluded that the police do need the powers more quickly” and that “the most appropriate way of meeting the legal and operational requirements concerning the counter-terrorism stop and search powers exercisable without reasonable suspicion is to make a remedial order” in the “interests of national security”.

The remedial order replaces Sections 44 to 47 of the Terrorism Act 2000 and with Section 47A.

From today Section 47A will give a “senior police officer” the power to make an authorisation in “relation to a specified area or place” if the officer“reasonably suspects that an act of terrorism will take place” and “considers that the authorisation is necessary to prevent such an act.”

Under Section 44 the police had to go to the Home Office for authorisation now the police will have a Code of Practice to follow.

Under Section 47A a “constable in uniform” will have the power “to stop a pedestrian” in the specified area and to search them and “anything carried by them”.

This emergency measure brings back stop and search powers that could impact on photographers and journalists right to report and the right of a citizen to make a picture in a public place.

The timing should not go unnoticed, the largest protest against the governments austerity measures and enforced transfer of billions of pounds from the public sector to the private sector will be taking place on the 26th March.

Indiscriminate stop and search powers did not stop a single terror attack against Britain. What it did do was impact on hundreds of thousands of lives across the country.

In January I told the British Journal of Photography:

The devil is always in the detail, and after reading the Home Office review it is clear that the coalition government is planning to give the police new stop-and-search powers to get around the European Court of Human Rights’ ruling. I do not think for one minute that these new powers will protect photographers from harassment and abuse from the police on the streets of Britain, far from it.

Any move to introduce legislation that allows the arbitrary detention of citizens for no crime should be resisted at all costs. In 2000 section 44 was introduced to ‘safeguard the community against terrorism’. The wholesale abuse of that law saw hundreds of thousands detained, public confidence in the police plummeted and not a single person was arrested for a terrorist offence.

Photographers were a particular group to be targeted and this led to the formation of the I’m a Photographer Not a Terrorist (PHNAT) campaign. Blanket laws even applied within a narrowed time frame will single out innocent citizens and is still fundamentally wrong.

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

For Immediate Release

The use of Stop & Search without grounds for suspicion has been ruled illegal by European Court of Human Rights. This ruling from Strasbourg comes as thousands of photographers are set to gather in London on Saturday 23rd January to take mass action to defend their right to photograph after a series of high profile detentions under Section 44 of the Terrorism Act.

These included the detention by seven police of an award winning architectural photographer in the City of London, the arrest of a press photographer covering a protest at City Airport and the Stop & Search of a BBC photographer outside St Paul’s Cathedral.

Our society’s visual history is under threat of extinction by anti-terrorism legislation. Section 44 of the Terrorism Act has in effect ended the confidence of the citizen to engage in the act of photography in a public place as photographers, artists and illustrators, amateur and professional are harassed by police invoking terrorism legislation to stop and search them. The act of documenting our street scenes and public life, our built environment, whether iconic or not, is now considered to be an act of hostile reconnaissance and could result in the detention of the image-maker.

The Mass Photo Gathering has been called by the campaign group I’m a Photographer, Not a Terrorist! which has over 11,000 followers on Facebook.

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 with a media event attended by hundreds of photographers outside New Scotland Yard.

For more details, see the following links:

http://PhotographerNotaTerrorist.org/events/

http://www.facebook.com/pages/Im-a-Photographer-Not-a-Terrorist/128534046017

http://twitter.com/PHNAT

hello@photographernotaterrorist.org

ENDS

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:

Photographers to “Flash-Mob” Canary Wharf – as new campaign for photographers’ rights is launched.

A new campaign for photographers’ rights launched this weekend – with more than two hundred leading photographers showing their support for the PhotographerNotaTerrorist.org website by holding up a placard saying “I’m a Photographer, Not a Terrorist!” – will help all photographers to understand and uphold their legal right to take photographs.

The campaign will fight for photographers’ rights across the country, opposing police repression and the abuse of anti-terrorism legislation. It will challenge the unreasonable restrictions in pseudo-public spaces such as shopping centres and Canary Wharf.

Anti-Terror Map

The website will map the use across the country of anti-terrorism legislation which can impose prison sentences for simply photographing a police officer and whose wide-ranging draconian powers allow police to stop and search anyone even where there is no reasonable suspicion of terrorism at all.

Stop & Search Bust Card

Also featured on the site will be a ‘bust card’ for photographers that will set out their legal right to take photographs when stopped by police or security staff.

Canary Wharf ‘Flash-mob’

The campaign calls for a National Photographers Flash-Mob of Canary Wharf on 12th September 2009 and is calling for photographers across the country to highlight spaces where photography is unreasonably restricted. The flash-mob action will highlight how heavy handed private security guards are restricting individual liberty and press freedom by preventing photographers from pursuing their hobby or their profession.

The London flash-mob will be 3pm at the Clocks, Canary Wharf, London. Other locations to follow.

ENDS

Notes to editors:
Photos of the campaign launch party are available at: http://PhotographerNotaTerrorist.org/launch-party-photos

Contact

hello@PhotographerNotaTerrorist.org

Jess Hurd – 07713 151 765
Jeff Moore – 07870 209 766

PhotographerNotaTerrorist.org