Law in Action

Even without the nasal, slightly pinched tones of longstanding and now retired presenter Marcel Berlins, Law in Action is without doubt one of the programmes that defines Radio 4 as at the very pinnacle of broadcasting. Shame its left its once regular slot but it is available on iPlayer or as a podcast. In last week’s edition, the programme ‘focused’ among other things on photography in public places, something of great interest to the bus enthusiast. And enthusiasts do make up a high proportion of people reading this industry-standard blog.

I confess I am about as good at composing a photo as I am an orchestral symphony, though I do regret not taking more when I could’ve, to have an historic record. And, I prefer not to snap in my own back yard, so to speak. But plenty do and long may they have that freedom.

Interviewing professional photographer-turned-solicitor Rupert Gray, Law in Action starting point was, “when can or can’t you take a photograph in public?” The answer was clear: you just can, but there were some recent restrictions.

A statement from the association of chief police officers said, “Police officers may not prevent someone from taking a photograph in a public place unless they suspect criminal or terrorist intent. Powers to stop & search are strictly regulated by law and once an image has been recorded, the police have no powers to delete or confiscate it without a court order”.

That might be reassuring were there no evidence of problems with the police. Constables have the right under s.44 of the TA 2000 (Terrorism, not Transport Act) to stop and search, even without the suspicion of any terrorism intent, though Gray said that permission was required (without saying how this might be granted) and this permission was limited to a time and a place. If the constable then wished to go further, there needs to be intent. Abuses have resulted in arrests even, for example, for taking a wedding photograph (or so the programme said). Even in civil disorder situations, where the police might want to control events, there was evidence of their being too restrictive.

Privacy

The programme then turned to the circumstances in which photographers in a public place might take pictures specifically of people (the parallel here is bus drivers who, on a picture of a bus, are usually are ill defined).

Gray stated that there was complete freedom in the *taking* of photographs always provided there was no harassment.

The ‘developing’ issue was in the civil law of publication where there *could* be claims for damages owing to the invasion of privacy (though the programme got no further than royals and supermodels).

Fuss about Nothing?

Gray felt that there were too many incidences of improper police behaviour to go unnoticed, that the police were taking advantage of (and exceeding) general legislation outside truly genuine cases. This, the interviewee felt, was the beginnings of a move towards State interference in private lives and the right of us all to take, record and bear witness to the lives of ordinary citizens (and by inference, its buses).

i You have till 1600 on Tuesday to hear or to download as a podcast the Law in Action programme with its segment on photography. It starts after about 9mins 45secs and lasts of 7mins 26secs.