
This picture isn't of me or by me, just so you know.
I’ve noticed a great deal of stories in the press recently, one such story made it on the front of The Independent, about photographers, both professional and amateur, sometimes merely tourists, being stopped, searched and even in some cases being arrested by the police using Section 44 of the 2000 Anti terrorism act. This is a situation I have been following quite closely. Not just because I’m a photographer living and working in London (where most but certainly not all of these incidents have occurred) with an interest in civil liberties, but also because I myself was once stopped, searched and questioned using this legislation.
It happened a couple of years ago. I had a job to go and take a portrait of Brian Haw, the peace protestor who has been camping in Parliament Square right outside the Houses of Parliament for the last 7 and a half years or so. I had been waiting around for Brian to be ready for the shoot for about 20 minutes, and had been taking a few shots of Parliament to kill a bit of time when I was approached by two armed uniformed police officers. They informed me that I was being stopped under Section 44, asked me my name, what I was doing and what I was photographing. They noted all this down and then said they were going to conduct a search of my person and effects, this involved the removal of my jacket, a pat down and a rummage through my camera bag. I found the experience to be mildly disconcerting due to the fact they were armed, a little embarrassing as many people were watching and slightly annoying as I was only going about my work. I should point out that the officers were in fact courteous and pleasant throughout, informed me it was because I was in a “sensitive” area, which I accept, and the search was not intrusive, no more so than getting into many nightclubs these days, nor did they impede me actually doing my job. They gave me a record of the search then one of them left. The other one however watched as we did the shoot, quite closely, to the point where I was tempted to ask him to hold a reflector for me. When I was finished and packing up he came over, asked me if I was done and was going to leave the area. It was these last two points where the whole incident started to feel like harassment.

Brian Haw, by me
Reflecting on this incident later I became really quite annoyed about the whole thing and started doing some research into Section 44.
Basically Section 44 allows the police and the Home Secretary to define any area in the country as well as a time period wherein they could stop and search any vehicle or person, and seize “articles of a kind which could be used in connection with terrorism” without first having grounds for suspecting the person is a terrorist or is carrying any articles that might be useful to a terrorist. It gives uniformed police officers, but not community support officers (PCSOs), unless a uniformed police officer is present the power to stop, question, search your person and any belongings you have with you and to detain you during this process. If you are in a vehicle they can search it and anyone else in it as well. Apart from the fact that the police do not need grounds for suspecting you of anything the defined areas and times mentioned above are secret, so you can have no idea if, when or where they are in operation. Its pretty safe to assume that all government buildings, royal residencies, airports, railway stations, oil refineries and storage depots, power stations and large swathes of the City of London are covered.
You do have rights. If you are on public land or a public right of way you can photograph anything, including police officers, so long as you are not causing an obstruction or a breech the peace. The police can only in certain circumstances view any images on devices as part of a search. They do not have an automatic right to. If you are on a journalistic assignment they will need a court order to do this. The police cannot destroy or delete any images, or order you to do so. Private security personnel have no rights to stop you taking photographs, or to detain you for doing so, if you are on public land or a public right of way. They have no rights at all to look at or delete any images. Nor can they confiscate any equipment.
If you are stopped under Section 44 a uniformed police officer must be present for questioning and searching. You do not actually have to give your name and address (unless you are stopped in a vehicle), date of birth, your reason for being where you are or any explanation as to what you are doing. If you withhold this information you may well find yourself arrested as obstructing a police officer acting under Section 44 is a criminal offence. In which case you will be required to give this information. Section 44 itself does not require you to comply with police attempts to photograph you or to take a DNA sample. It probably goes without saying that if stopped under Section 44 you must indeed stop. Failure to stop is an offence.
There is a much more detailed overview of Section 44 and other legislation relating specifically to photography and journalism here.
The group I’m a photographer not a terrorist is planning a demonstration against the use of Section 44 on photographers in Trafalgar Square on the 23rd January 2010. Check out the website for details should you wish to join them.
My concerns about this legislation and the way the police often choose to enact it goes beyond possible inconvenience and annoyance whilst going about my entirely legitimate business. Quite apart from the errosion of press freedoms and the risk posed to the collective visual history of this country that this legislation could well present. The police often seem abuse their powers, not through any malevolent intent, but through a failure, of individual officers, often senior, to fully understand complex, wide ranging, powerful legislation, their own rights and ours under that legislation. With little in the way of any real accountability. To me it is also symptomatic of a wider and worrying trend of a far more intrusive way of policing, monitoring and recording the population.
The fact that you can be stopped, searched and questioned without the police having any actual grounds to suspect you of anything because you are in a defined area, without any knowledge of such as these designations are secret, is deeply troubling. Now couple this with an exponential proliferation of CCTV and surveillance, (interesting article about an internal Metropolitan Police report into just how effective CCTV is in solving crime) the DNA database, that holds your DNA even if you are not charged with anything let alone acquitted and already ruled illegal by the European court of human rights, and the proposed biometric identity card scheme. That’s just for starters. You now have in place a legal framework that potentially undermines the basic principle of our justice system. That of the presumption of innocence until proven guilty.
I’ve heard the arguments countless times that if you’ve got nothing to hide you’ve got nothing to worry about. I don’t by that at all. These are laws you might have expected to find in communist regimes, not in a country that likes to hold itself up as a beacon of freedom and democracy. You can’t even uphold your right to peaceful protest within 1km of the seat of government without first getting written permission. Now I’m not some paranoid nut. That framework is in place. Who knows what future administrations might do with it? All in the name of terrorism prevention. The politics of fear.
Orwell has never seemed so prothetic.
UPDATE : December 15th
This video posted on The Guardian’s website today is exactly the sort of thing I’m talking about.