Street Photography

Can we or can’t we?

There have been a number of well publicised cases over the past few years where seemingly normal, perfectly law abiding citizens, (yes photographers are citizens too you know), have been stopped from doing what everyone had assumed was perfectly legal and publicly acceptable, that is to take photographs in a public place. Or as we call it, ‘Street Photography.

Q. Is street Photography legal?

A. Yes, of course it is. It is no more illegal for you, than it was for famous street photographer Henri Cartier-Bresson, probably the most famous street photographer of all.

Q. So why do I keep reading about photographers being prevented from taking pictures in public places?

A. This is the sixty four thousand dollar question isn’t it? I have read of, and photographers have regaled to me first hand, dozens of tales of being stopped in the street, and in the case of professionals this has often gone on to include arrest and even detention. But why this is happening when the Government tells us there are no laws against taking photographs in Public Places, is generally down to ignorance and foolishness, and by no means am I referring to photographers?

Ok, before we go any further I want to stress that photographing in public places is perfectly acceptable in UK law. Let me quote from the Metropolitan Police’s own guidelines to their officers

“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.”

So if this is the case, why do we hear of so many instances where it appears there is a problem?

The problems occur because so many individuals, including private security firms, individual police officers, and members of the public do not understand the rules laid-down by law, and react in a way they think is appropriate, rather than the way that is correct.

Common fallacies:

“You can’t take my picture – it is counter to my civil rights.”

Or “it’s against the law”, or “it is against the data protection act” (yes that was been said to me J). A typical example of this was a ‘traffic warden’ telling me I could not take her picture whilst she was working.

Many people think, (wrongly), that one is not allowed to take a photograph in a public place. There is no law that prohibits taking pictures when one is out and about, and certainly no member of the public has the right to make you stop, nor, the right to see or delete your images, or remove film from your camera. Security guards and traffic wardens, as well as community support officers do not have this right either.

“You can’t photograph this building it is private property.”

There is no law in the UK that prevents a member of the public taking photographs of any building, providing the photographer is in a public place. This is different from being inside someone’s house or on private land where the owner or landowner can have some control and ask you not to take photographs

“You can’t take photographs in Trafalgar Square”

Well actually you can. A commonly held misunderstanding, notably held by the wardens who patrol Trafalgar Square, is that one is not allowed to take photographs, and reports have it that these people can be quite vociferous, poorly trained, and ‘jobsworth’ about their imagined duties. Without exception, all restrictions regarding filming and photography in Trafalgar Square refer to the use of film crews, tripods, and other paraphernalia that might endanger the general public. In which case you need permission booked before hand to enable suitable facilities to be provided, and to be suitably insured.

There have been other reported cases where agents of local authorities mistakenly think they have the power to stop individuals taking photographs, and in all cases reported so far the actual rules are similar to those concerned with Trafalgar Square.

An amateur with an SLR – you go on and take your pictures, the regulations have nothing to do with you J

Common Police errors

“I am a policeperson and I can stop you taking pictures.”

Well actually, not unless there is a dammed good reason you can’t, no.

A police person can ask you to stand behind an indicated line in the case of an incident.

A policeperson can ask you what you are doing if there has been a reported breach of the peace, and you can be asked to identify yourself and account for your activities, but there does have to be real justification for the policepersons actions. Merely taking a photograph is never on its own, a breach of the peace.

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

From the Met Police Guidelines

“Officers do 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.

Officers do not have the power to delete digital images or destroy film at any point during a search. Deletion or destruction may only take place following seizure if there is a lawful power (such as a court order) that permits such deletion or destruction.”

However, Officers are not allowed to use the Terrorism laws as an excuse to interfere with ones lawfully taking of photographs. There has to be a legitimate reason to stop you, and that is not simply because you are a photographer. To be stopped under section 43v of the Terrorism act the policeperson has to reasonably suspect the photographer of being a terrorist. This is not something that can be done on a whim.

From the Met Police Guidelines

“Photography and Section 43 of the Terrorism Act 2000

Officers have the power to stop and search a person who they reasonably suspect to be a terrorist. The purpose of the stop and search is to discover whether that person has in their possession anything which may constitute evidence that they are a terrorist.

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 the images constitute evidence that the person is 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 a terrorist. This includes any mobile telephone or camera containing such evidence.

“I am a policeperson and I have the right to delete any images that you have taken.”

Absolutely not! Under no circumstances, can an individual policeperson delete images, as if an offence may have occurred, those images might well be needed as evidence!

From the Met Guidelines:

“Officers do not have the power to delete digital images or destroy film at any point during a search. Deletion or destruction may only take place following seizure if there is a lawful power (such as a court order) that permits such deletion or destruction.”

Are there any exceptions?

Well yes, and no. On actual private property, the owner does have the right to say, ‘no photographs’. The owners of ‘Canary Wharf’ for example can legally ask you not to take photographs of the tower, but they can only do this whilst you are on the land owned by them. Five hundred yards away on public land, you can photograph the tower to your hearts content. Should you choose to argue with the security guards, or not put away your camera, the guards themselves can (legally) do nothing except call the police.

One is not allowed to photograph Magistrates courts from within the bounds of the court, outside that boundary you can click away.

A policeman can ask you to justify your actions if you are seen to photograph a police constable or a member of the armed forces (all under section 58a of the Terrorism Act).

A simple explanation of your legitimate acts and verification of your identity will normally satisfy any enquiry.

There are certain restrictions on Photographing HM Prisons, Armed forces facilities, but most of these will only be an issue if you are seen to be loitering. Be prepared to have a very good explanation of what you are doing, if stopped taking photographs at this sort of location…

What of Privacy?

Whilst there is right of privacy in a public place in the UK, it is still against the law to harass another person, and there are obviously circumstances when taking someone’s photograph can be perceived as harassment. Continually taking someone’s picture after having been reasonably asked not to, standing very close to someone with a wide angle lens (clearly invading personal space), acting in a such a way as to cause a hazard or distress to someone else, would all be held in a dim view by a court.

What of data Protection?

The Data Protection Act refers to the use and storage of personal data. An unidentified image taken in public would have no bearing or relevance to the act, but if one were taking many images of people, and identifying them, and storing them, then one might be perceived to be controlling personal data. If you are in this position you might well be covered by the act, and in that case you should certainly take proper professional legal advice.

However, I know of no case where an amateur photographer has been caught by this act and there are general exceptions when it comes to artistic material.

What about photographing children?

Children have exactly the same rights as any other citizen. Society, led by certain national middle market national newspapers seems on occasion to have a paedophilia phobia, and many photographers have found themselves accused of being a ‘peado’, or similarly unlawfully harrassed because they are seen photographing children in public places.

Due to the emotive nature of people’s thoughts regarding children, it is almost irrelevant what the law says and one would have to advise common sense. I photograph my own children at will, and will continue to do so, but I am very careful and wary when I photograph other people’s offspring. I recommend that you do likewise.

How do I deal with confrontation?

The best way to deal with confrontation is to avoid it.

It is illegal to obstruct the public right of way, and it is a sure fire way to attract the attention of a constable, so tripods and other heavy equipment are generally not a good idea.

If confronted by a constable, treat that constable with respect and answer all reasonable questions, politely.

Under the Terrorism act you are not obliged to identify oneself, but of course to refuse to co-operate with a police officer might well be regarded as suspicious, so please use your common sense.

Use longer focal length lenses so that you are not overtly invading people personal space.

Even if accosted by a rude, obnoxious, jobsworth, security guard, treat that person with respect and don’t give them any reason to call the police. Make sure you are always in the right.

Choose your battles carefully. Even if you are 100% totally in the rights, sometimes it is simply better to say OK. You can always return later.

If in doubt walk away, and return to photograph another day

Thursday 17 March 2011