Can I take a photograph anywhere?
Posted by John Hargreaves on Thursday 12 February 2009 at 12:21pm
Tags:
data protection |
photography |
Do you think that there has been an increase in the amount of legislation introduced which has curbed individual freedom?
Have you had experience of ‘stop and search' by the police under section 44 of the Terrorism Act?
On Tuesday 10th February the BBC Radio 4 programme ‘Law in Action' included a piece on the law as it relates to taking photographs in public places. The motivation behind the piece is the increase in the use of Section 44 of the Terrorism Act by police officers on professional and amateur photographers. A brief explanation of the law as it relates to taking photographs in public places was given and included the following:
- It is legal for people to take photos of buildings (public and private) for non-commercial purposes. Local bye laws might come into play when the images are used for commercial purposes.
- It's okay to take pictures of people in public places as long as the subject is not harassed. If those photographs are subsequently published (including on social network sites such as Facebook) then the subject of the photograph has recourse to the civil law. The law is not concerned with the taking of the photograph but only with its publication.
- Section 44 of the Terrorism Act allows the police to stop and search anyone they suspect of being involved in terrorist activity. The police can only confiscate property or delete any images found having first received a court order.
You can hear the 10th February edition of Law in Action via the BBC i player.
Comments (4)
2 of 4
Comment posted by Free Speech on 13 February 2009 at 2:59pm
I find point two is misleading so I thought I would add a link to a site which has better information.
3 of 4
Comment posted by Vince Jones on 13 February 2009 at 8:45pm
Great post -
For those doing street/protest photography the following link to a pdf handout summarising the law should prove useful
Plus MP Austin Mitchell has an Early Day Motion seeking for clarity in the application of the law - particularly by less-well informed PCSO’s
4 of 4
Comment posted by Antony Theobald on 18 February 2009 at 11:59am
The British Journal of Photography (BJP) has a report on Monday’s protest by 300 photographers against the new Counter-Terrorism Act which makes it a potential crime to take photos of police or armed forces. The BJP blog 1854.eu has more photos of the event and links to other sets on Flickr.
Commenting is not available in this channel entry.
<< Previous entry: Red’s new cameras
>> Next entry: Pendulum Music - a location recording case study
Blog archive
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- November 2008
- October 2008
- September 2008
Comment posted by Zak Mensah on 13 February 2009 at 2:37pm
I was stopped in a LDN tube station under section 44 and my camera (which was in my bag) was taken apart, batteries and all, then each photo checked. It is difficult to know exactly what the law is around the camera as a normal member of the public, and im not sure the Police at the scene would know about the rules about the camera. Also when you have 5 Officers and 3 dogs searching/sniffing you, your not really in much of a position to defend yourself. If it happens again i’ll be sure to ask though.