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Letter to Ann Keen MP re restrictions on photography

Last post 09-07-2008, 8:39 PM by Tony Hutchinson. 2 replies.
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  •  08-07-2008, 8:56 PM 836450

    Letter to Ann Keen MP re restrictions on photography

    Ann

    As a keen amateur photographer I am very concerned about this news item which comes from the British Journal of Photography.


    "Local restrictions on photography in public places are legitimate the Home Secretary has stated in a letter to the National Union of Journalists.

    While Jacqui Smith reaffirmed that there are no legal restrictions, she added that local Chief Constables were allowed to restrict or monitor photography in certain circumstances.

    The letter dated 26 June, which BJP has seen a copy of, is in response to correspondence sent by the Union secretary general, Jeremy Dear, who expressed concern at police surveillance of journalists, in particular photographers.

    'First of all, may I take this opportunity to state that the Government greatly values the importance of the freedom of the press, and as such there is no legal restriction on photography in public places,' Smith writes. 'Also, as you will be aware, there is no presumption of privacy for individuals in a public place.'

    However, the Home Secretary adds that local restrictions might be enforced. 'Decisions may be made locally to restrict or monitor photography in reasonable circumstances. That is an operational decision for the officers involved based on the individual circumstances of each situation.

    'It is for the local Chief Constable, in the case of your letter the Commissioner of the Metropolitan Police Force, to decide how his or her Officers and employees should best balance the rights to freedom of the press, freedom of expression and the need for public protection.'

    The Home Office does not produce any guidance on photography in public places, and has not produced any specific guidance to [Forward Intelligence Team] officers, the Home Secretary says. 'I recommend, therefore, that the questions in your letter are best put to the Commissioner.'

    The NUJ is expected to meet with MP Tony McNulty – Minister of State for Security, Counter-Terrorism, Crime and Policing – to discuss the issue, the Home Secretary confirmed.

    In May, Dear had written to the Home Office after press photographers noticed that the Metropolitan Police's FIT was monitoring them."

    It is difficult to know where to begin with my comments but as a football supporter I have been subject to the local discretion of officers acting without restraint. Unlike friends who were at Hillsborough I survived with a bruise or two.

    Where the power of the state can be exercised without needing to show and defend probable cause a further line has been crossed, beyond  internment  for 42  days and the  draconian control orders.  It  has never occurred to me that I would have to defend my rights to pursue a peaceful and legitimate hobby against State power exercised by a Labour Government.

    Yet I am faced with the possibility that, for an arbitrary reason, I can be criminalised for pursuing a legitimate hobby.  This concern has been growing amongst photographers for several months, the blogs abound with stories of everyday people taking very normal pictures are being treated with hostility and contempt by police officers.

    Such restrictions, even if one accepted their necessity, and I am very sceptical of either wisdom or necessity, can only be legitmated if subject to judicial oversight and challenge.

    Tony Hutchinson
  •  09-07-2008, 9:19 AM 836680 in reply to 836450

    Re: Letter to Ann Keen MP re restrictions on photography

    Be interesting to see any reply you get. I've asked a question about the legitimacy or otherwise of this alleged power of Chief Constables for the legal feature in the mag.

    BPitW 9-10 June 2007.
    My website My flickr
  •  09-07-2008, 8:39 PM 836932 in reply to 836680

    Re: Letter to Ann Keen MP re restrictions on photography

    Thanks - be interested if anyone with a legal mind has a view on this.

    T
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