I wonder if this means it’s also now illegal to set down any bag if it contains a camera-equipped cel phone? As ever, vague wording opens the door to potentially strange abuses in the future — and as the video clip below points out, in some cases the rules require photographers to do the impossible, such as leave eight feet of open passage space on a six-foot-wide sidewalk.
Monday July 14th 2008, 8:32 pm
Filed under: State & Local
“Here’s a guy who takes me out of the car and arrests me in front of my kids. For what? To take a picture of a police officer?” said Scott Conover.
This WJHL story asks the same question, reporting that Conover was arrested for snapping a cel phone picture of Johnson County Sheriff’s Deputy Starling McCloud — a deputy who reported that the phone was “a threat” and that he was “in fear of serious bodily injury or death” — and who thus arrested Conover for “unlawful photography” and alleged that Conover’s iPhone “pointed a laser” at him, though iPhones have no laser, flash, or other illuminating devices.
“Despite repeated requests there has been no legitimate reason given why police photographers should be photographically cataloguing journalists going about their lawful business,” wrote NUJ secretary Jeremy Dear.
In the past days, the Home Secretary’s response has surfaced, and has again been reported in the BJP. In a move widely seen as chilling to media throughout the country, Secretary Jacqui Smith has essentially given carte blanche to local police.
While prefacing her comments with “the Government greatly values the importance of the freedom of the press, and as such there is no legal restriction on photography in public places … Also, as you will be aware, there is no presumption of privacy for individuals in a public place,” the letter then goes on to state that local police should be allowed to interpret te legality of their own actions for unspecified “reasonable circumstances. That is an operational decision for the officers involved….”
“It is for the local Chief Constable, in the case of your letter the Commissioner of the Metropolitan Police Force, to decide how his or her Officers and employees should best balance the rights to freedom of the press, freedom of expression and the need for public protection.”
I guess this policy will save a lot of effort — no need for those pesky courts if we can just let the Chief Constable decide on the spot.
Today, the NUJ has issued a new statement regarding governement and media freedoms after a judicial revew that protected much of the confidential information of member Shiv Omar, who had previously been ordered to turn over to police materials he had obtained for a still-unpublished book.
Jeremy Dear: “”We’re pleased the judges have gone some way in supporting journalists … They have clearly indicated that the police cannot go on vague fishing expeditions in the hope that something will turn up.”
Thanks ncp5 for this 4th of July story (with video) from Oklahoma’s News On 6, about teacher & professional photographer Chris Owens being harrassed by city cops and Oklahoma state troopers when they noticed him photographing the end of a high-speed chase and multi-car accident that had terminated in his own neighborhood.
Handcuffs, officers acting “like unleashed dogs,” a visit to the back of a squad car, and deleted pictures ensued for Owens, but with a twist: Owens recovered the pix using aftermarket software. We’re not sure what he used, but it might have been something like CardRaider. The photos themselves can be sen in the video from News On 6.
Owens is asking for an apology from Oklahoma police: “I want them on TV. I want them to step up and say ‘Hey, our officers acted like they were the criminals.’”
PhotoPermit reader “Dracil” tells us in this forum thread that SF Muni’s securty crews are up to the same behaviors that brought citizen action against them back in the early days of PhotoPermit, over similar incidents that eventually resulted in formal apologies from SF Muni police that went as far as Mayor Newsom’s office.
A little more employee training needed, perhaps?
(By coincidence, PhotoPermit turned four years old this weekend — thanks to all for your ongoing support!)