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photographing coppers could get you 10 years in jail soon if were not careful

brummie | 04.11.2008 08:29 | SOCPA | Animal Liberation | Other Press | Social Struggles | Birmingham

photographing coppers could get you 10 years in jail soon if were not careful, this is taken from marc vallees blog, this is outrageous, not we cannot even show them up for un proper, conduct.

 http://marcvallee.wordpress.com/2008/11/03/terror-law-and-photography/

read his blog

"ack in April of this year I came across a police stop and search in Trafalgar Square. This was the day before the Olympic Torch was due to arrive in London. I took a few frames of what was going on and then I was stopped by a police officer who made it very clear he knew who I was but he still wanted to take a look at my UK Press Card. He said, “I want your card number for my records”, so he writes down my press card number in his notebook and I take a picture. This was not a new experience for me. But is working on Britain’s streets just about to get harder?

On Thursday 20th November the Home Office will publish new operational guidance to the police on the use of stop and search powers under section 44 of the Terrorism Act 2000 of those taking photographs in public places.

The draft guidance says,

“There is no power under the Terrorism Act 2000 to prohibit people from taking photographs or digital images in an area where an authority under section 44 is in place.

“If officers reasonably suspect that photographs are being taken as part of hostile terrorist reconnaissance then they should act appropriately, by searching the person under Section 43 of the Terrorism Act or making an arrest. Cameras, film and memory cards may be seized as evidence but there is no power for images to be deleted or film to be destroyed by officers.”

If section 43 with its powers to seize “cameras, film and memory cards” is misused in the same way that section 44 has been misused by the police then just think of the chilling effect this will have on photography in a public place.

And then we have Clause 83 of the new Counter-Terrorism Bill 2008.

“(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,”

A “Constable” is the legal term for all police officers. “Elicits or attempts to elicit information” does that include taking a photograph and publishing it?

“(b) publishes or communicates any such information.”

Yep. And you can get 10 years for this one! And I all most forgot, every police force in Britain is going to be equipped with mobile fingerprint scanners which will allow the police to carry out identity checks on people on the street. I think I’m going to need to get myself a desk job!"

brummie

Additions

freedom to film

04.11.2008 10:26

I was outside the US Embassy recently taking shots (of the moving image kind!) which very much annoyed a machine gun toting cop. He called his mates outside the embassy gates, who stopped and searched me under the terror laws. Motorcycle cops turned up etc. It wasn't too much of a scene, so long as you are not too afraid of being questioned under terror laws by a cop with a machine gun. You have to stand your ground that you are acting lawfully - it is our right to take pictures on public land, even of terrorist targets such as the US embassy, with the exception of Ministry of Defence land I believe. If we don't defend this right, it will be taken away by our authoritarian government and the securocrats.

So, I propose we snappers and camera people get together and go on collective photography missions, to highlight the issue of civil liberty, press freedom and increasing harassment by police. So we turn up en masse (hopefully) at the US embassy, or MI5 or wherever, and challenge their oppressive attitudes.

Ideally, it would be good to get an organisation or two behind the campaign, or join an existing campaign. NUJ? Space Hijackers? Any ideas?

William Greaves


Correction

04.11.2008 12:42

The Clause (83) your refer to was included when the Bill left the commons on 16/06/08, since it's defeat in the Lords it has been revised and is now Clause (75).

You can read the progress of the bill here:
 http://services.parliament.uk/bills/2007-08/counterterrorism.html

Fitwatch could be in trouble for publishing information, but they would have a legal defense against the Act.

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,

--------------------------------------------------------------------------------

Counter-Terrorism Bill
Part 6 — Miscellaneous



(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.

5

(2)
It is a defence for a person charged with an offence under this section

to prove that they had a reasonable excuse for their action.

(3)
A person guilty of an offence under this section is liable—

(a)
on conviction on indictment, to imprisonment for a term not

exceeding 10 years or to a fine, or to both;

(b)
on summary conviction—

(i)
in England and Wales or Scotland, to imprisonment for

a term not exceeding 12 months or to a fine not

exceeding the statutory maximum, or to both;

(ii)
in Northern Ireland, to imprisonment for a term not


exceeding 6 months or to a fine not exceeding the

statutory maximum, or to both.

(4)
In this section “the intelligence services” means the Security Service, the

Secret Intelligence Service and GCHQ (within the meaning of section 3
of the Intelligence Services Act 1994 (c. 13)).

(5)
Schedule 8A to this Act contains supplementary provisions relating to
the offence under this section.”.

(2)
In the application of section 58A in England and Wales in relation to an offence
committed before the commencement of section 154(1) of the Criminal Justice
Act 2003 (c. 44) the reference in subsection (3)(b)(i) to 12 months is to be read as

a reference to 6 months.
(3)
In section 118 of the Terrorism Act 2000 (c. 11) (defences), in subsection (5)(a)
after “58,” insert “58A,”.
(4)
After Schedule 8 to the Terrorism Act 2000 insert the Schedule set out in
Schedule 7 to this Act.


moon23
mail e-mail: moon_watcher_2007@hotmail.com
- Homepage: http://moon23.wordpress.com/


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