National Security

In recent years, sensitivity over issues of security and prevention of terrorism has been very high. This has led to photographers being confronted by police when taking photographs of subjects that previously would not have been thought of as particularly sensitive.

Two areas of the law might come into play to restrict the right to take photographs of certain places. The first is the Official Secrets Act 1911. This makes it an offence to take a photograph of a “prohibited place” where this might be useful to an enemy. The term “prohibited place” encompasses a great variety of places.

Section 44 of the Terrorism Act 2000 gives the police wide powers to stop and search anyone for “articles of a kind which could be used in connection with terrorism” regardless of whether they have reason to suspect that the presence of such articles. They also have the power to seize any such articles, if found. Section 44 powers, which can also be exercised by PCSOS in the presence of a constable, only apply to areas where an “authorisation” has been given. Photographers should be aware that some authorisations cover wide areas and have been continually renewed for a long time.

The Act also makes it an offence to take or possess a photograph containing information likely to be useful to a person committing or preparing an act of terrorism (s.58) And since February 2009, it is an offence to elicit or attempt to elicit information about anyone who is or who has been a member of the armed force, the police or the intelligence services, where this is of a kind likely to be useful to a person committing or preparing an act of terrorism (s58A).

Some police officers appear to take a fairly broad view of “information likely to be useful”, but courts have been rather more restrictive in their interpretation of s.58.

It is an a photographers best interests to cooperate whith the police if they approach him when hi is taking photos in an area that might be regarded as sensitive. While it might be irritating to be subjected to questions and/or have a camera bag or vehicle searched, failure to cooperate might result in detention for several hours at a police station.