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

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.

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

• Brings Home Office in to line with NPIA and Met advice
• New guidance for use of s76 on journalists and tourists

On Tuesday afternoon the Home Office sent out advice to all the Chief Police Officers in the UK about the use of Terrorism laws on photographers, they say:

This circular has been produced to clarify counter-terrorism legislation in relation to photography in a public place. Concerns have been raised that sections of the Terrorism Act 2000 are being used to stop people taking photographs – whether this is photographs of buildings or people – and that cameras are being confiscated during such searches.

Home Office Circular 012 / 2009

It then goes on to clarify police powers under sections 43 and 44 of the Terrorism Act 2000 and is broadly in line with the National Police Improvement Agency (NPIA) and Met Police advice issued earlier this year. However, it then comes to give new advice on s58A – more commonly known as s76 – which makes it an offence to photograph a police officer or member of the armed forces:

An officer making an arrest [under section 76] must reasonably suspect that the information is of a kind likely to be useful to a person committing or preparing an act of terrorism.  An example might be gathering information about the person’s house, car, routes to work and other movements. [...]

It is a statutory defence for a person to prove that they had a reasonable excuse for eliciting, publishing or communicating the relevant information [Under s76]

Important: Legitimate journalistic activity (such as covering a demonstration for a newspaper) is likely to constitute such an excuse. Similarly an innocent tourist or other sight-seer taking a photograph of a police officer is likely to have a reasonable excuse.

(Emphasis theirs) Home Office Circular 012 / 2009

Leaving aside the whole issue of who or what the police deem to be ‘legitimate journalistic activity’ something which Commander Broadhurst – Head of Public Order at the Met – failed to grasp earlier this year at the NUJ Photographers Conference. This new advice does nothing for the thousands of amateur and professional wildlife, landscape, architectural or street photographers who are routinely harassed by police whilst taking photographs.

We have seen a letter from the new Policing minister, David Hanson, sent to the National Union of Journalists yesterday who this new advice seems to be in response to. In the closing paragraph of his letter he says:

I believe this circular removes once and for all any suggestion that the new offence can be used to prosecute innocent photographers such as responsible journalists, simply because they are taking a photograph of a police officer. I am enclosing a copy of the circular for your reference.

Letter to Jeremy Dear, General Secretary, NUJ – David Hanson, Minister for Policing

Photographer Justin Tallis is questioned by Bedfordshire police about photographing police officers on a demonstration. Image: Jonathan Warren

We will be watching carefully how this new advice is adopted as we know of at least two occasions where s76 has been threatened against press photographers in public order situations.

The new advice also ignores Special Procedure Material under PACE which gives journalistic material a higher level of protection from seizure by police (The police have to go to a county-court judge and explain why they need it) After protests by the National Union of Journalists the Met changed their advice to include the caveat that when searching someone who identified themselves as a journalist that ‘Officers should exercise caution before viewing images as images acquired or created for the purposes of journalism may constitute journalistic material and should not be viewed without a Court Order.‘

We did contact the Home Office to ask why their advice did not include Special Procedure Material but they did not respond.

Marc Vallée has published the letter from the Home Office minister in full on his blog.

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