The NUJ and civil liberties groups have become increasingly
worried in recent months on apparent restrictions by police on the
taking of photographs in public places.
Reports have emerged of police stopping people taking photos or
arresting those who do using anti-terrorist laws. In one reported
case the photographer had taken pictures of a police van reversing
the wrong way down a one way street.
The Met has now issued guidance detailing the rights it claims
anti-terror legislation gives to its officers.
"Officers have the power to view digital images contained in
mobile telephones or cameras carried by a person searched under
S[ectin] 44 of the Terrorism Act 2000, provided that the viewing is
to determine whether the images contained in the camera or mobile
telephone are of a kind, which could be used in connection with
terrorism," it said. "Officers also have the power to seize and
retain any article found during the search which the officer
reasonably suspects is intended to be used in connection with
terrorism."
The guidance claims the same rights under section 43 of the Act.
The guidance concedes that sections of the law which deal with the
photographing of police officers should not stop people taking
pictures of police at work, including at demonstrations.
"There is however nothing preventing officers asking questions
of an individual who appears to be taking photographs of someone
who is or has been a member of Her Majesty’s Forces (HMF),
Intelligence Services or a constable," it says.
The NUJ said that the guidance is misleading. "The police do not
have the right to view photographs unless they reasonably suspect
the photographer to be a terrorist – that’s a far higher test than
this guidance suggests," said the body's legal officer Roy
Mincoff.
"What’s more, the special nature of journalistic material means
that the police will need a court order if they want to see
photographs taken by professional journalists. To suggest that
police have the power to see anyone’s photos is not just hugely
misleading, it’s factually wrong."
Home Office advisor and anti-terrorism law watchdog Lord Carlile
also condemned indiscriminate use of the laws to stop photography
in his most recent annual review of the use of laws.
"It should be emphasised that photography of the police by the
media or amateurs remains as legitimate as before, unless the
photograph is likely to be of use to a terrorist. This is a high
bar," he said. "It is inexcusable for police officers ever to use
this provision to interfere with the rights of individuals to take
photographs."
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