Tag Archives: intelligence services

Marc Vallée: The Met’s new photography guidelines

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Photojournalist Marc Vallée comments on the new guidelines issued by the Metropolitan police service (MPS) for the public and the media on photography in public places, over at the Guardian’s Comment is Free. Full post at this link. He writes:

“It details the Met’s interpretation of anti-terrorism legislation, and how these laws should be used against photographers. Professional photographers such as myself view it as part of an ongoing campaign to create a hostile environment for photography in the public sphere.”

One area highlighted by Vallée:

The advice covers section 44, section 43 and section 58a of the Terrorism Act 2000 (58a is more commonly known as section 76). On sections 44 and 43, the MPS say that “officers have the power to view digital images contained in mobile telephones or cameras carried by a person searched”.

Vallée says that guidance for section 76 of the Counter Terrorism Act 2008, which came into force at the beginning of this year, is key.

“It amends the Terrorism Act 2000 to make it an offence to elicit or attempt to elicit information about an individual who is or has been a member of the armed forces, intelligence services, or a police officer in Great Britain – this has been an offence in Northern Ireland since 2000.”

What does the guidance say?

The MPS advice says that section 76 (58a) “should ordinarily be considered inappropriate to use… to arrest people photographing police officers in the course of normal policing activities, including protests”.

What does Vallée say?

“Section 76 should be scrapped.”

Guidelines at this link…

Vallée spoke about these issues at the Frontline Club this week. Video below:

Background on Journalism.co.uk Editors’ blog:

Frontline Club: The media and anti-terrorism laws 7pm GMT

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Watch the Frontline’s event on the media and anti-terrorism legislation here, at 7pm tonight:

Here’s the run-down from the Frontline Club:

[also see Marc Vallée’s blog]

An ‘On The Media’ discussion in association with the BBC College of Journalism

How concerned should photographers and journalists be about anti-terrorism legislation that came into force earlier this year making people taking pictures of the police potentially subject to fines or even arrest? A mass picture-taking event outside Scotland Yard organised by the National Union of Journalists earlier this year reflected widespread concerns that section 76 of the Counter Terrorism Act would extend powers already being used to harass photographers.

Under the Act eliciting, publishing or communicating information on members of the armed forces, intelligence services and police officers ‘likely to be useful to a person committing or preparing an act of terrorism’ is subject to a 10 year maximum sentence.

The Home Office has insisted that the Act does not target the press but the number of photographers and camera crews who claim they have been prevented from taking pictures has increased.

On the other side of the lens there is growing evidence that Forward Intelligence Teams (FIT) are not only collating information on protestors and campaigners but also photographers and journalists who report on demonstrations.

The emergence of video footage following the death of Ian Tomlinson during the G20 protests in April demonstrates how significant images can be.

Claims by Val Swain and Emily Apple that they were unlawfully arrested during the Kingsnorth Climate Camp has again put the spotlight on the issue of police surveillance at demonstrations. And also raises questions about the status of citizen journalists in the eyes of the police.

How much of a challenge to the freedom of the press photographers, freelances of citizen journalists – to bear witness during protests could Section 76 become?

Panel: Peter Clarke, former head of counter terrorism for Scotland Yard

Marc Vallée is a London based photojournalist who is currently working on a long-term project to document political protest and dissent in modern Britain

Turi Munthe, CEO of Demotix, a citizen-journalism website and freelance photo agency

Angus Walker, UK editor, ITV News

Moderator: Margaret Gilmore is a freelance writer and broadcaster and senior research fellow with the leading independent think tank, RUSI, where she specialises in homeland security, covering terrorism and Olympic security

The draft Terrorism Act 2000 guidance: what’s happening?

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Photojournalist Marc Vallée updates us on the implications of the terrorism laws, for photographers and journalists, over on our main site.

Today, the Home Office had intended to publish new operational guidance to the police on the use of stop and search powers under section 44 of the Terrorism Act 2000 for those taking photographs in public places.

Here you can read the details of the draft guidance, with Marc’s comments:

Details of the draft guidance, as originally published on his own blog:

“There is no power under the Terrorism Act 2000 to prohibit people from taking photographs or digital images in an area where an authority under section 44 is in place.

“If officers reasonably suspect that photographs are being taken as part of hostile terrorist reconnaissance then they should act appropriately, by searching the person under Section 43 of the Terrorism Act or making an arrest. Cameras, film and memory cards may be seized as evidence but there is no power for images to be deleted or film to be destroyed by officers.”

MV: What if section 43 with its powers to seize ‘cameras, film and memory cards’ is misused in the same way that section 44 has been misused by the police? Just think of the chilling effect this will have on photography in a public place.

Then, to Clause 75 (amended in committee – 22.10.08) of the new Counter-Terrorism Bill 2008.

(1) A person commits an offence who:

(a) elicits or attempts to elicit information about an individual who is or has been:

(i) a member of Her Majesty’s forces
(ii) a member of any of the intelligence services, or
(iii) a constable

MV: A ‘Constable’ is the legal term for all police officers. Elicits or attempts to elicit information: ‘does that include taking a photograph and publishing it?

(b) publishes or communicates any such information.

MV: You can get 10 years for this one! And I almost forgot, every police force in Britain is going to be equipped with mobile fingerprint scanners which will allow the police to carry out identity checks on people on the street. I think I’m going to need to get myself a desk job!