Amateur Photographer Magazine

 Photographers' rights: lawyer speaks -

Wednesday 11th February 2009

Chris Cheesman

Photographers' right to take pictures in public has been debated on BBC Radio 4's Law in Action show.

The BBC contacted Amateur Photographer magazine as part of its research for the programme.

In the show, broadcast yesterday afternoon, presenter Clive Coleman interviewed lawyer Rupert Grey, a keen amateur and former professional photographer.

Asked to explain what the law states on taking photographs in a public, Grey said: 'The law has got nothing to say on when you can and can't, that's the start point…'

Grey, from law firm Swan Turton, explained that too many amateurs have been stopped, mainly under Section 44 of the Terrorism Act 2000. He said this is a 'general provision' that allows police to stop and search people, without necessarily having suspicion of a terrorism related crime.

However, he said police must have specific authority to exercise such powers.

Grey also criticised police for being too restrictive when dealing with professional photographers, one of whom was photographing a wedding at the time.

'They [officers] are entitled to stop and search, look at what you have got and that is the limit of authority under that Section [44],' he said, emphasising that if police take matters further an offence has to have been committed.

He added: 'What appears to have been happening after that is they have, in some cases, arrested and then de-arrested the photographer. In other cases they have seized their material. In one case they deleted the material - and that is, in itself, a criminal offence.'

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