New Laws Ban Photographing

Article published: Friday, May 8th 2009

On 16th February a law passed allowing for the arrest and imprisonment of anyone caught photographing a police officer. Part of the Counter-Terrorism Act 2008, these new state powers have been widely criticised for eroding civil liberties.


The law added a visual angle to Section 58 of the Terrorism Act (2000), which made it an offence to collect or record information that could be useful to a person committing or preparing an act of terrorism. Now, a person found guilty of making a photographic or electronic record could face up to ten years in prison. Police surveillance units called Forward Intelligence Teams (FIT) routinely photograph and film demonstrators, which they claim is necessary to amass evidence should crimes be committed. However, in a court case concerning obstruction of police photographers in December, PC Dan Collins went on the record to say the police are using FIT teams to profile demonstrators and build a centrally- operated database of political campaigners, which already includes thousands of people. A Metropolitan Police spokesperson admitted this month that the database included people who had committed no crimes, but who had been seen on a regular basis. Simply wishing to protest a lot, now makes you a surveillance target for police. FIT teams also serve to intimidate demonstrators, following Home Secretary Jacqui Smiths calls for increased harassment policing, to create an environment where there is nowhere to hide.  A recent investigation by the Guardian showed that these tactics are also extended to journalists, who the police say are added to their database as well.

Protestors have used cameras to monitor police behaviour and discourage violence for years. But this important and effective citizens tool has now been criminalised. Journalists are also highly critical. Activists from the National Union of Journalists (NUJ) and British Journal of Photography (BJP) held a rally outside New Scotland Yard called Im a Photographer not a Terrorist where a scrum of photographers took photos of the police in a satirical protest. But with the government swiftly losing its sense of humour on this topic, its not clear whether much more light-hearted opposition will be tolerated. Even some police are against this law. The Metropolitan Police Federation (MPF) said they share the concerns of photographers that poorly-drafted anti-terrorist legislation could be used to interfere in lawful activities. The MPF complained: We do not want to become the secret police. Last year MP Austin Mitchell tabled an Early Day Motion for a viable alternative: a clear and easily-understood Photography Code that would facilitate photography wherever possible, rather than seek reasons to bar it.

By Sarah Wakefield

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