David

After Google recently opened up their Street View service to around 95% of the UK Roads (link), a debate has been kicking off again with worried parents complaining that their children can be seen playing in the street, and that these images should be removed immediately. This debate encompasses the law of photography rights in the UK, and what you can and can’t take pictures of. Many learned scholar has gone into greater detail on this, and the defacto guide on this currently is the UK Photographers Rights Guide v2 by Linda Macpherson LL.B, Dip. L.P., LL.M  who is a freelance legal consultant specialising in Media Law and Intellectual Property Law, as well a part time Law lecturer.

So heavily paraphrasing her document, what can you and can’t you do in the UK as a photographer:

Apart from the few exceptions listed below, if you are outside in a public place, on public property, you can generally take pictures of whatever you like

Exceptions:

• If you take pictures of people in a way that they would have expected privacy, this is an invasion of privacy, and against the law. This is the “anti-paparazzi” law, so you can’t use your telephotos climbing up a tree and taking pictures into someone’s bedroom
• If you are taking pictures for a non personal basis in Trafalgar Square, Parliament Square, or in any of the Royal Parks. Commercial rights require licensing for the Royal Parks (where a fee is payable), and special permission must be obtained and a large fee paid to the Greater London Authority if you want to take commercial photos in the first two
• Harassing of individuals. You cannot follow people around and continually take their photos without their permission, this is also covered under Invasion of Privacy. This does not stop the ability to take a couple of shots of anyone, but you need to play a fine balance between getting the shot, and harassing
• Obstructing public highways, including pavements and cyclepaths. Generally, if you are obstructing a highway, and an officer approaches you, they will most likely ask you to remove the obstruction (yourself or your equipment). If you are faced with this situation, do remove the obstruction, and very politely ask the officer where you would be able to shoot from. Politeness is the key word here. “So where AM I supposed to take pictures from?” is not polite… “I would like to take pictures of XYZ, so could you let me know if there is anywhere around here that I could take pictures from, that would not be obstructing?” is polite
• National Security. This is the biggie that has gotten many photographers worried in recent years. The Official Secrets Act prohibits photography of a Prohibited Place where this may be useful to an enemy. The Terrorism Act 2000 is the biggest issue, as it grants officers and PCSOs accompanied by Constables the ability to Stop, Search and Seize any articles which are likely to be useful to a terrorist. This incredibly vague term means that you are at the mercy of the Officer’s discretion on what could be and couldn’t be useful. The best course of action is to politely discuss exactly what you are doing, and provide the Officer with all the details they ask for. This will make for a much nicer and friendlier outcome
• Other less noteworthy exceptions outdoors explained in the above document

What should I do if I’m approached by anyone who takes grievance to your taking of photos.

• Politely inform them of who you are (the company you are representing, or just a tourist), what you are taking pictures of, and why (photo album, for a client etc…)
• Inform them that you are not intending to infringe on their privacy, and the law permits you to take these pictures

What should I do if I’m approached by a Police officer or PCSO

• Be Polite – this cannot be over emphasised enough. Someone who is defensive makes a problem for themselves, as the officer then believes you have something to hide.
• Be open and honest – explain to them why you are doing what you are doing, who it is for, where it will go, show them the pictures. If they can understand your story, they will be able to make a better judgement call on the fact you are not braking any laws
• Do provide details if you are asked – If they finally decide that you are indeed being honest, they will likely ask you to prove your identity, which they will check. Provide them with this information. You have nothing to hide, and a lot to lose by being arrogant at this stage. If you start being uncooperative at this stage, the situation will quickly deteriorate into a very bad situation for you

What should I do if I’m approached by a “Plastic Officer” i.e. an official for a company who has no power of arrest

• Be polite
• Check that you are on public property. If you are on private property, you need the permission of the owner to take photos. If they refuse, and you continue to do so, you are trespassing. They are then able to take reasonable steps to escort you from their property, including calling the police. Remember that your definition of what Public Property is, isn’t necessary the legal term. Things like shopping centres either indoors or outdoors are likely to be private property, unless there are official street signs – but treat this with caution
• If you are not trespassing, be polite and state your case, as above. You have every right to take photos of their buildings. If they complain that you cannot take pictures of a building because of copyright, remind them that buildings are not covered by copyright law, and trademarks are allowed to be photographed
• If you are asked to move on, even if you are not trespassing, it is wise to do so. Do however take details about the individual(s) who is escorting you from the area, and you are within your rights to take a photograph of them. If they ask why you have, explain that you will be making a formal complaint to the property owner, to your local MP, and writing up a report for the paper. This may make the situation worse, but you have to be able to defend your rights.
• If you feel you have been aggrieved by being forced to move on from a public area by the “plastic officer”, go online, and find out who owns the buildings they came from, and write them a letter of complaint, explaining the fact you have the rights to take photos, that you were on public property, that you were escorted out of the area by the plastic, and that you are considering taking legal advice regarding the situation. Courtesy copy this letter to your local MP, and very much DO write up a letter and send it to multiple papers and news stations in your area.
• If for whatever reason this situation deteriorates into police involvement… get yourself very calm, and refer to the above section on Police.

And finally, you can never be forced to delete a photo by ANYONE. A member of the public or a “plastic officer” are effectively nobodies in a legal sense. Their demand to delete a photo is without legal backing. An officer of the law should never force you to delete a photo, they are aware that doing so actually is detrimental to them… A photo is evidence, and the Police cannot destroy evidence.

But do remember, above all, do be polite. I have seen too many examples online of photographers who “know their rights, and I’m not telling you anything…are you arresting me…are you arresting me…”, and it saddens me to think that people are starting to see us a group of individuals who are becoming truculent in this way. If you fail to be polite, the world comes crashing down very painfully, and you quickly have only your arrogance to blame!