We know we live in dangerous times, but how about getting arrested for taking pictures of the London Gherkin?
That’s what just happened to Guardian photographer Paul Lewis recently when he went to take a photo of the Gherkin. After having been summoned by security guards outside the building, a plain-clothes City of London policeman arrived and demanded his personal details. Paul refused to give his identity (because he doesn’t have to) but explained that he was photographing because of his work. Two more uniformed policemen arrived and demanded to see the images he had taken, citing Section 44 of the Terrorism Act. They don’t actually have powers to do this, but they threatened to arrest him if he didn’t comply. After viewing his images, the police backed down.
The issue here seems to be that the photographer was taking a picture of an ‘iconic’ building. When the Guardian tried to find out which buildings were ‘iconic’ they couln’t find a definition: is it a building of architectural interest, or is there some other criteria, such as the usage of the building? Without knowing whether a building is, or is not, ‘iconic’, how can photographers avoid the risk of being treated as suspected terrorists? Members of this club have been guilty of taking some very fine photographs of London landmarks so this story is of more than academic interest.
This is just the latest incident in which both amateur and professional photographers are being harrassed by police and security personnel under the guise of preventing terrorism. Instances like Paul Lewis’ brush with the law get publicity because he is employed by a national newspaper, but how many more incidents of unwarranted misuse of powers go unreported because the photographers are unaware of their rights and allow themselves to be intimidated by authority?
We’ve probably all come across some of this, most commonly, perhaps, in the hysteria over photographing children. It isn’t actually illegal to photograph children in public spaces and children do not have any more right to privacy than adults. But most responsible photographers are sensitive to the issue and will request permission before taking photographs. But that doesn’t stop the ‘authorities’ imposing unneccesary and sometimes heavy-handed restrictions on photographers.
In one instance recently, I was asked to take some photos of an environmental conference that was being held in a school hall. Before the conference started someone from the school displayed a list of prohibited activities eg. smoking, using mobile phones, etc but also photography. I asked why photography was banned and she said that it was because the event was being held on school premises and no photography was allowed in the school. This was despite the fact that I had been specifically invited to photograph the event, all the attendees were adults and there was no chance of accidentally including children in any of the photographs. So I left without taking any photos and when, later, another publication wanted to print an account of the event and asked me for photographs I had to decline. Due to this misplaced officiousness there is no photographic record of this conference.
And I can’t resist recounting another example of ridiculous over-reaction when I wanted to photograph a cake. A group of photographers from our Camera Club were invited to photograph the opening a new local village hall. In amongst all the jollity was a magnificent cake which someone had baked that was to be shared out to all those present. I went into the kitchen to take a photograph of the cake before it was cut up and was told that I wasn’t allowed to do so. When I asked why, I was told ‘Health and Safety’ reasons. When I asked what the risk was I was told that it was against the regulations to take a camera into the kitchen. But I took a photograph of the cake anyway and as far as I know no-one has died as a result of me photographing the cake.
There is a very good definition of Photographers’ Rights that you can download here. Well worth reading!
I wholeheartedly sympathise with the author of this article.
I was asked not to photograph my own daughter, who was practising her back dives off a springboard. The diving pool is located in its own designated area, away from the main swimming pools, and there was nobody else present in the diving pool or its vicinity, except her coach, who was coaching her.
When I challenged the request, I was told that it was ‘Council Policy’, which I completely ignored and went ahead anyway. I really wanted to meet the brainless cretins who impose a blanket ban, knowing full well that the spotty youths in their employ are incapable of intelligent debate, have never been exposed to the concept of ‘common sense’ and whose stock response to every challenge is ‘It’s health & safety’!
Needless to say, the so-called manager, was reulctant to leave the xbox game he was playing, to deal with an awkward parent who won’t tow the line!
God help us – what is this country coming to?!?!?!