The Legal Stuff

The Legal Aspect

While the number of incidents affecting photographers does not necessarily appear to have decreased, there are guidelines for photographers. The attached PDF file gives the legal points in a nutshell but there are issues. The following need to noted:

Stop & Search

Every person has the right to photograph in a public place.
It is not against the law to photograph a police officer in their normal duties.
The police have a duty to investigate incidents which may arouse suspicion.
Remain calm if stopped by a police officer.
Unless you are driving a car or are arrested you are not required to give personal details.
Officers may stop, search & view images if they consider that you are arousing suspicion.
Officers cannot delete images.
PCSO may not search without a police officer present.
You must be provided with a copy of the Stop & Search slip which includes the officers identity.

This is an extract from guidelines, issued to members, by the RPS and is suported by the Association of Chief Police Officers.

Several reports on forums in the photo magazines point out that it only appears to be those of us with big cameras and big lenses that get stopped. Those with camera phones and compact cameras get ignored. Now, obviously we are easier to spot but which would you use if you were a terrorist, a camera phone or a big expensive DSLR?

There is a serious issue here however. There are designated areas all over the place which are 'sensitive areas' which are not published, for obvious reasons. These come under the cover of the Anti-Terror Legislation.

Click on the link HERE to access a further explanation of your rights etc as a photographer. Also see the files on the Google Members Group.

Suspension of Section 44

In late June the European Court of Human Rights confirmed its ruling that the random stop and search powers in the 2000 Terrorism Act were illegal. The UK Government says it is considering the judgement, as part of a review of counter-terrorism measures.

Click HERE to read the information on the the suspension of Section 44 Stop and Search under the Anti-terrorism Legislation.

Digital Economy Bill

In the light of any implications of the Digital Economy Bill all digital images should be clearly marked with any copyright information. It would probably be advisable to include on any images put up online to have © and your name included on the picture. I would also suggest that the section to identify you and your copyright in the metadata fields of the image be completed before uploading an image to the web.

There are other implications for ISPs and use of online images, video and music which will affect you..

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