Changes to law criminalises taking pictures of police

Photographers, both professional and amateur, have denounced a new law that could see them arrested for taking pictures of police officers.

The Counter-Terrorism Act 2008, which amends the Terrorism Act 2000, became law last month. The new set of rules under Section 78 of the new Act and 58A of the 2000 Act targets anyone who ‘elicits or attempts to elicit information about (members of armed forces, constables and the Queen’s guards) which is of a kind likely to be useful to a person committing or preparing an act of terrorism’.

A person found guilty of this offence could be liable to a fine and even imprisonment for up to 10 years.

Although there are no legal restrictions about taking photographs in public places Computeractive’s sister publication, the British Journal of Photography (BJP) said that this hasn’t stopped police officers in the past from being overzealous.

In December last year it said while covering the wedding of a couple, freelance press photographer Jess Hurd had been detained for more than 45 minutes under section 44 of the 2000 Act. The Metropolitan police force told BJP that “any officer that suspects an offence has been committed has the right to detain you”.

The BJP said this type of incident is not uncommon. We have also found many incidents of member of the public being stopped by the police for taking photographs in public areas.

The Home Office admitted in November last year that “police had sometimes acted inappropriately at times”. With the new law photographers said they now feared the worst.