Wednesday 20 January 2010

Photographer - Not a Terrorist

I am, by virtue of my occupation, expressly forbidden from engaging publicly in politics - so I don't seek to use my blog to forward any personal political agenda. Photography is my concern, and this is what this space is for. However, it is impossible to to ignore the Photography vs s44 Terrorism Act debate that is currently raging.

On January 23rd, there is to be a protest, most likely in Piccadilly Circus or Trafalgar Square. It is organised by Photographer Not a Terrorist. This is a direct result of photographers' anger at recent stop & search tactics under Section 44 of the Terrorism Act.

Since the organisation was founded, there have been considerable policy changes instituted by the new Commissioner, and its use by the Metropolitan Police has been scaled back enormously. I expect the recent ECHR judgment, thought not changing any UK law, will also contribute to it being cut back.

s44 was never intended to be an indiscriminate stop-all power or a return to the days of the 'sus' laws. It *does* remain important, because it allows officers to take action in circumstances where existing powers under s1 PACE or s43 TACT would not give rise to grounds or objects for a search. We know that hostile reconnaissance does go on - I've seen it for myself - but we're limited in what we can release to the general public. On the other hand, I don't believe that it should be used indiscriminately against photographers because of the risk of angering the public. I was arguing for a balance in the use of s44 nearly three years ago. This is now current force policy, I'm pleased to say.

As an aside, it may also be worth pointing out that the incidents pointed out at the top of the Photographer Not a Terrorist web page all occurred within the City of London jurisdiction - not the ground covered by the Metropolitan Police. While we're by no means blameless in the current poor relationship with photographers, I do think we're taking the lead over other forces.

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