An update to the Counter Terrorism Act 2000, now the Counter Terrorism Act 2008 came into force on 16th February 2009 with some interesting new additions in relation to photography. In particular section 76 which could make it an offence to photograph police officers with offenders facing up to a 10 year prison sentence.

The story has been reported on several photography news sites and there are related discussions popping up on photography forums but is it another restriction on the rights of photographers or an over reaction by the photography community in general?

Well the actual wording of section 76 doesn’t specifically state photographs can’t be taken but relates to “information” and the problem lies within the interpretation and certainly photography could be construed as eliciting information.

76

Offences relating to information about members of armed forces etc
(1) After section 58 of the Terrorism Act 2000 (collection of information) insert—
58A

Eliciting, publishing or communicating information about members of armed forces etc
(1)

A person commits an offence who—
(a) elicits or attempts to elicit information about an individual who is or has been—
(i) a member of Her Majesty’s forces,
(ii) a member of any of the intelligence services, or
(iii) a constable,
which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or
(b) publishes or communicates any such information.
There are already many stories where various misuses of the Terrorism Acts have been used inappropriately and many photographers, press photographers in particular view this as yet another infringement of their rights. What’s so disappointing about this is that only recently, new guidelines were issued by the National Policing Improvement Agency (story here) which seemed to clarify the situation a little but this new law simply opens the way for more confusion and inappropriate interpretation of the law.

Don’t be surprised to hear section 76 quoted when someone tries to tell you aren’t allowed to take photos in a public place.

But, the legislation states “information” which is of a kind likely to be useful to a person committing or preparing an act of terrorism. So that could be notes and video too. How about art students making a sketch or a water colour?

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