The police and photographers (update)

Yesterday I blogged about the Metropolitan Police's issuance of guidance to its officers to remind them that using a camera in public is not in itself a terrorist offence. So it was with interest that I found this guidance and here it is in full (my emphasis): "Photography advice

The Metropolitan Police Service’s approach towards photography in public places is a subject of regular debate.

We encourage officers and the public to be vigilant against terrorism but recognise the balance between effective policing and protecting Londoners and respecting the rights of the media and the general public to take photographs.

Guidance around the issue has been made clear to officers and PCSOs through briefings and internal communications. The following advice is available to all officers and provides a summary of the Metropolitan Police Service’s guidance around photography in public places.


Freedom to photograph/film

Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel.



Photography and Section 44 of the Terrorism Act 2000

The Terrorism Act 2000 does not prohibit people from taking photographs or digital images in an area where an authority under section 44 is in place.



Officers have the power to view digital images contained in mobile telephones or cameras carried by a person searched under S44 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. 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.



Photography and Section 43 of the Terrorism Act 2000

Officers have the power to view digital images contained in mobile telephones or cameras carried by a person searched under S43 of the Terrorism Act 2000 to discover whether they have in their possession anything which may constitute evidence that they are involved in terrorism. Officers also have the power to seize and retain any article found during the search which the officer reasonably suspects may constitute evidence that the person is involved in terrorism.

Section 58a of the Terrorism Act 2000

Section 58a of the Terrorism Act 2000 covers the offence of eliciting, publishing or communicating information about members of the armed forces, intelligence services or police.

Any officer making an arrest for an offence under Section 58a must be able to demonstrate a reasonable suspicion that the information was of a kind likely to be useful to a person committing or preparing an act of terrorism.

It should ordinarily be considered inappropriate to use Section 58a to arrest people photographing police officers in the course of normal policing activities, including protests, as without more, there is no link to terrorism.

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."