Amateur Photographer Magazine

 Photographers' rights: lawyer speaks -

Wednesday 11th February 2009

Chris Cheesman

Commenting on whether taking pictures of people in public is restricted by 'privacy' issues Grey stressed that there is no such law surrounding the taking of photographs: 'You have complete freedom providing you are not harassing people. That is the key point as far as taking photographs is concerned.

'It is the business of publishing photographs that the law of privacy has developed… This is a relatively new part of our system of rights.'

A fuss about nothing?

He explained that by posting a photo of a celebrity, such as Naomi Campbell, on an image sharing website such as Facebook, this would amount to 'publication' and give rise to a 'potential claim' for damages on grounds of invasion of privacy.

The BBC programme was recorded in and around Trafalgar Square in London. Despite using a tripod, the pair were not approached by any officers during the recording, prompting Coleman to ask Grey whether amateur photographers are 'making a fuss about nothing'.

Grey replied: 'No, they are not. There are too many incidents for this to go unremarked. And the adoption of the cause by the NUJ and other bodies is legitimate and proper and I support it.'

He said that a number of his clients have passed on stories to him in recent months. 'Too often the police are taking advantage of rather general legislation in circumstances where they just should not be doing that and I think it is a genuine concern.'

He pointed out that the original human rights legislation came about after the war in response to 'interference in private lives by the state'.

Right to record

'It is really important that we are vigilant about our right to take photographs and our right to record and our right, as a photographic profession - as the press - to bear witness to the lives of ordinary citizens in this country. The moment the police or the state start interfering with exercise of that right - in ways other than are justifiable - then it is time for citizens to begin to say "hold on a minute, we just need to get this in perspective".'

The Association of Chief Police Officers told the show: 'Police Officers may not prevent someone from taking a photograph in public unless they suspect criminal or terrorist intent. Powers to stop and search are strictly regulated by law and once an image has been recorded, police have no power to delete or confiscate it without a court order.'

To listen to the programme in full see the Law in Action website.

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